RAGAWANG CORPORATION SDN BHD ONE AMERIN RESIDENCE SDN BHD

RAGAWANG CORPORATION SDN BHD ONE AMERIN RESIDENCE SDN BHD

Court dismissed Ragawang's application to set aside the awards and allowed One Amerin's applications to recognize and enforce the awards because the arbitrator acted within the terms of the submission, any procedural or timing issues were either remedied by proper extension or were not material breaches of natural justice, practising solicitors may duly certify copies for enforcement, and enforcement applications were within the six-year limitation period; costs award under s44 is not a ground for setting aside under s37.

Citation
BA-24C(ARB)-4-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff/defendant: Ragawang Corporation Sdn. Bhd.; Plaintiff/defendant: One Amerin Residence Sdn. Bhd.
Court
ARB
Jurisdiction
Malaysia
Judgment Date
30 May 2022
Case Number
BA-24C(ARB)-4-07/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (arbitration) / Final Judgment on Four Originating Summonses
Outcome
Court judgment delivered: OS No.4 dismissed; OS No.6 allowed; OS No.11 refused; OS No.12 granted; costs awarded to respondent
Legal Topics
Recognition and Enforcement of Arbitral Awards, Setting Aside Arbitral Awards, Jurisdictional Challenge in Arbitration, Natural Justice and Bias, Limitation Period for Enforcement, Certification of Documents, Arbitration Costs
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Evidence Recognition and Enforcement of Arbitral Awards Setting Aside Arbitral Awards Jurisdictional Challenge in Arbitration Natural Justice and Bias +3 more

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Parties

Ragawang Corporation Sdn. Bhd.

Plaintiff/defendant

One Amerin Residence Sdn. Bhd.

Plaintiff/defendant

Procedural Posture

Originating Summons (arbitration) / Final Judgment on Four Originating Summonses

Legal Issues

  1. 1 Whether respondent could file applications to recognize and enforce awards after applicant filed setting-aside applications
  2. 2 Whether affirmation pages and commissioner certificates required pagination
  3. 3 Whether a practising advocate and solicitor may certify true copies of award and arbitration agreement under s38 AA and O69 r8 ROC

Ratio Decidendi

Court dismissed Ragawang's application to set aside the awards and allowed One Amerin's applications to recognize and enforce the awards because the arbitrator acted within the terms of the submission, any procedural or timing issues were either remedied by proper extension or were not material breaches of natural justice, practising solicitors may duly certify copies for enforcement, and enforcement applications were within the six-year limitation period; costs award under s44 is not a ground for setting aside under s37.

Court Disposition

Court judgment delivered: OS No.4 dismissed; OS No.6 allowed; OS No.11 refused; OS No.12 granted; costs awarded to respondent

Orders

  • OS No.4 (BA-24C(ARB)-4-07/2021) dismissed
  • OS No.6 (BA-24C(ARB)-6-08/2021) allowed (recognition and enforcement of Final Award (Save as to Costs) and Addendum)