1. ) Chan Heng Si 2. ) Kothai A/P Ramamoorthy 3. ) Nuraznira Nazreen Binti Mohd Azmi Allianz General Insurance Company (Malaysia) Berhad

1. ) Chan Heng Si 2. ) Kothai A/P Ramamoorthy 3. ) Nuraznira Nazreen Binti Mohd Azmi Allianz General Insurance Company (Malaysia) Berhad

The High Court dismissed both originating summonses: plaintiffs failed to demonstrate a breach of natural justice or a conflict with public policy within the narrow statutory meaning under s.37 AA; the arbitrator considered the contested legal submissions (including LPA and LPPLIR arguments), his contractual construction was within his jurisdiction, and the applications were effectively merits challenges not maintainable under s.37; OS12 was dismissed consequentially given its dependence on OS11.

Citation
WA-24NCC(ARB)-12-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Chan Heng Si; Plaintiff: Kothai a/p Ramamoorthy; Plaintiff: Nuraznira Nazreen bt Mohd Azmi; Defendant (os 11 / Underlying Insurer): Pacific & Orient Insurance Co Bhd; Defendant (os 12 / Excess Layer Insurer): Allianz General Insurance Company (Malaysia) Berhad; Watching Brief: Bar Council
Court
ARB
Jurisdiction
Malaysia
Judgment Date
30 November 2022
Case Number
WA-24NCC(ARB)-12-03/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (setting Aside Arbitral Awards Under S.37 Arbitration Act 2005) / Judgment (applications Dismissed)
Outcome
Both originating summonses dismissed
Legal Topics
Setting Aside Arbitral Award, Public Policy, Natural Justice, Professional Indemnity Insurance, Policy Interpretation, Contra Proferentum, Finality of Arbitration
Source Language
Malay/English
Arbitration Insurance Law Professional Negligence Public Law Setting Aside Arbitral Award Public Policy Natural Justice Professional Indemnity Insurance +3 more

Case Brief

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Parties

Chan Heng Si

Plaintiff

Kothai a/p Ramamoorthy

Plaintiff

Nuraznira Nazreen bt Mohd Azmi

Plaintiff

Pacific & Orient Insurance Co Bhd

Defendant (os 11 / Underlying Insurer)

Allianz General Insurance Company (Malaysia) Berhad

Defendant (os 12 / Excess Layer Insurer)

Bar Council

Watching Brief

Procedural Posture

Originating Summons (setting Aside Arbitral Awards Under S.37 Arbitration Act 2005) / Judgment (applications Dismissed)

Legal Issues

  1. 1 Whether the arbitral award is in conflict with Malaysian public policy by reason of breach of natural justice
  2. 2 Whether the arbitrator failed to consider s.78A Legal Profession Act 1976 and Rule 4(c) LPPLIR when construing the Master Policy
  3. 3 Whether the sub-limit for misconduct applies to individual practitioners or to the firm

Ratio Decidendi

The High Court dismissed both originating summonses: plaintiffs failed to demonstrate a breach of natural justice or a conflict with public policy within the narrow statutory meaning under s.37 AA; the arbitrator considered the contested legal submissions (including LPA and LPPLIR arguments), his contractual construction was within his jurisdiction, and the applications were effectively merits challenges not maintainable under s.37; OS12 was dismissed consequentially given its dependence on OS11.

Court Disposition

Both originating summonses dismissed

Orders

  • OS 11 dismissed with costs subject to allocator
  • OS 12 dismissed with costs subject to allocator