TOSHIBA ELEVATOR (MALAYSIA) SDN BHD ENG HAN ENGINEERING SDN BHD

TOSHIBA ELEVATOR (MALAYSIA) SDN BHD ENG HAN ENGINEERING SDN BHD

The Arbitrator's findings were within the scope of the submission and related to pleaded issues; there was no material breach of natural justice or public policy that would have affected the outcome; errors of fact or law identified did not justify setting aside the Award; therefore the application to set aside is dismissed and the Award stands.

Citation
WA-24C(ARB)-51-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff (os 44); Defendant (os 51): Eng Han Engineering Sdn Bhd; Defendant (os 44); Plaintiff (os 51): Toshiba Elevator (Malaysia) Sdn Bhd (formerly MS Elevators Engineering Sdn Bhd)
Court
ARB
Jurisdiction
Malaysia
Judgment Date
26 June 2023
Case Number
WA-24C(ARB)-51-12/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons to Set Aside and to Enforce a Final Arbitration Award / Judgment on Originating Summons (decision Delivered)
Outcome
Originating Summons No. WA-24C(ARB)-44-10/2022 (OS44) dismissed; Originating Summons No. WA-24C(ARB)-51-12/2022 (OS51) granted (order in terms enforced)
Legal Topics
Setting Aside Arbitral Award, Enforcement of Arbitral Award, Natural Justice (procedural Fairness), Acts of Prevention and Delay, Extension of Time, Liquidated Damages, Interest
Source Language
Malay/English
Arbitration Construction Law Contract Law Civil Procedure Setting Aside Arbitral Award Enforcement of Arbitral Award Natural Justice (procedural Fairness) Acts of Prevention and Delay +3 more

Case Brief

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Parties

Eng Han Engineering Sdn Bhd

Plaintiff (os 44); Defendant (os 51)

Toshiba Elevator (Malaysia) Sdn Bhd (formerly MS Elevators Engineering Sdn Bhd)

Defendant (os 44); Plaintiff (os 51)

Procedural Posture

Originating Summons to Set Aside and to Enforce a Final Arbitration Award / Judgment on Originating Summons (decision Delivered)

Legal Issues

  1. 1 Whether the Final Arbitration Award dated 30.08.2022 should be set aside under section 37 of the Arbitration Act 2005 (breach of natural justice, matters beyond scope, public policy)
  2. 2 Whether the Arbitrator failed to apply her mind or relied on extraneous material or novel reasoning without giving parties notice
  3. 3 Whether the Arbitrator was entitled to draw on her own knowledge and expertise

Ratio Decidendi

The Arbitrator's findings were within the scope of the submission and related to pleaded issues; there was no material breach of natural justice or public policy that would have affected the outcome; errors of fact or law identified did not justify setting aside the Award; therefore the application to set aside is dismissed and the Award stands.

Court Disposition

Originating Summons No. WA-24C(ARB)-44-10/2022 (OS44) dismissed; Originating Summons No. WA-24C(ARB)-51-12/2022 (OS51) granted (order in terms enforced)

Orders

  • Dismiss Originating Summons No. WA-24C(ARB)-44-10/2022 (OS44) with costs
  • Grant Order in Terms for prayers 1 and 2(a) to (e) (enforcement of the Final Arbitration Award dated 30.08.2022)