LINGKARAN HARTANIAGA SDN. BHD. LEMBAGA TABUNG HAJI

LINGKARAN HARTANIAGA SDN. BHD. LEMBAGA TABUNG HAJI

Court dismissed Lingkaran's application to set aside the arbitral award; held the arbitrator acted within jurisdiction, correctly applied law on specific performance, did not breach rules of natural justice or display justifiable bias from past professional association or casual conversation, and therefore allowed Lembaga Tabung Haji's application to register and enforce the award with costs.

Citation
WA-24NCC(ARB)-40-12/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Defendant (in Cross‑applications): Lingkaran Hartaniaga Sdn. Bhd.; Defendant / Plaintiff (in Cross‑applications): Lembaga Tabung Haji
Court
ARB
Jurisdiction
Malaysia
Judgment Date
29 February 2024
Case Number
WA-24NCC(ARB)-40-12/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (arbitration — Set Aside and Enforcement) / Judgment on Applications to Set Aside and to Register/enforce Arbitral Award
Outcome
Application to set aside dismissed; application to register and enforce award allowed.
Legal Topics
Setting Aside Arbitral Award, Enforcement/registration of Award, Specific Performance of Share Sale, Public Policy Limitation, Bias and Disclosure, Scope of Arbitration
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Equity and Specific Performance Administrative Law (natural Justice) Setting Aside Arbitral Award Enforcement/registration of Award Specific Performance of Share Sale +3 more

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Parties

Lingkaran Hartaniaga Sdn. Bhd.

Plaintiff / Defendant (in Cross‑applications)

Lembaga Tabung Haji

Defendant / Plaintiff (in Cross‑applications)

Procedural Posture

Originating Summons (arbitration — Set Aside and Enforcement) / Judgment on Applications to Set Aside and to Register/enforce Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award is contrary to Malaysian public policy under s.37(1)(b)(ii) Arbitration Act 2005
  2. 2 Whether the arbitrator exceeded the scope of submission under s.37(1)(a) Arbitration Act 2005
  3. 3 Whether there was breach of rules of natural justice or justifiable doubts as to impartiality under s.37(2)(b) and s.14 Arbitration Act 2005

Ratio Decidendi

Court dismissed Lingkaran's application to set aside the arbitral award; held the arbitrator acted within jurisdiction, correctly applied law on specific performance, did not breach rules of natural justice or display justifiable bias from past professional association or casual conversation, and therefore allowed Lembaga Tabung Haji's application to register and enforce the award with costs.

Court Disposition

Application to set aside dismissed; application to register and enforce award allowed.

Orders

  • Dismiss OS 40-12 (application to set aside award) with costs
  • Allow OS 38-10 (application to register and enforce award) and order registration/enforcement of the arbitral award