TSS BBW

TSS BBW

The Court exercised its discretion under section 37(7), found the Defendant did not justify an order for security because there was no proven prejudice or risk of dissipation and the Plaintiff's financial statements showed the Plaintiff was solvent; accordingly the application for security (Enclosure 12) was dismissed with costs.

Citation
WA-24C(ARB)-58-12/2023 (Mahkamah Tinggi)
Parties
PLAINTIFF: BBW; DEFENDANT: TSS
Court
ARB
Jurisdiction
Malaysia
Judgment Date
9 July 2024
Case Number
WA-24C(ARB)-58-12/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (arbitration) / Interlocutory Application Under Section 37(7) Decision on Security for Award Pending Setting Aside
Outcome
Enclosure 12 dismissed with costs
Legal Topics
Setting Aside Arbitral Award, Security for Award, Enforcement of Arbitral Award, Section 37 Arbitration Act 2005
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Enforcement Setting Aside Arbitral Award Security for Award Enforcement of Arbitral Award Section 37 Arbitration Act 2005

Case Brief

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Parties

BBW

PLAINTIFF

TSS

DEFENDANT

Procedural Posture

Originating Summons (arbitration) / Interlocutory Application Under Section 37(7) Decision on Security for Award Pending Setting Aside

Legal Issues

  1. 1 Whether the Court should order the monies under the arbitral award to be secured pending determination of the setting aside application
  2. 2 Whether the applicant has established prejudice or risk of dissipation warranting security
  3. 3 Whether an award confers an automatic right to security pending a setting aside application

Ratio Decidendi

The Court exercised its discretion under section 37(7), found the Defendant did not justify an order for security because there was no proven prejudice or risk of dissipation and the Plaintiff's financial statements showed the Plaintiff was solvent; accordingly the application for security (Enclosure 12) was dismissed with costs.

Court Disposition

Enclosure 12 dismissed with costs

Orders

  • Enclosure 12 dismissed with costs