ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

Court dismissed Ragawang's application to set aside the awards and found the arbitrator acted within the scope of the submission and applicable PAM contract, validly extended time under PAMAR, did not breach natural justice materially or in a manner warranting setting aside, and certified copies by a practising advocate and solicitor were 'duly certified' for s 38 AA purposes; accordingly the court allowed One Amerin's applications to recognize and enforce the Final Awards and refused Ragawang's challenge to the costs award because taxation of costs is within the arbitrator's discretion under s 44 AA.

Citation
BA-24C(ARB)-6-08/2021 (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)-6-08/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under Arbitration Act 2005 (setting Aside and Recognition/enforcement of Arbitral Awards) / Final Judgment on Consolidated Originating Summonses (amended Judgment)
Outcome
Court dismissed Ragawang's set‑aside applications and granted One Amerin's enforcement applications; costs awarded to One Amerin.
Legal Topics
Setting Aside Arbitral Award, Recognition and Enforcement of Award, Natural Justice (bias and Right to Be Heard), Limitation Period for Enforcement, Certification of Documents, Arbitral Costs
Source Language
Malay/English
Arbitration Law Civil Procedure Contract Law Evidence Law Setting Aside Arbitral Award Recognition and Enforcement of Award Natural Justice (bias and Right to Be Heard) Limitation Period for Enforcement +2 more

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Parties

Ragawang Corporation Sdn. Bhd.

Plaintiff/defendant

One Amerin Residence Sdn. Bhd.

Plaintiff/defendant

Procedural Posture

Originating Summonses Under Arbitration Act 2005 (setting Aside and Recognition/enforcement of Arbitral Awards) / Final Judgment on Consolidated Originating Summonses (amended Judgment)

Legal Issues

  1. 1 Whether respondent could file recognition/enforcement OS after applicant filed setting aside OS;
  2. 2 Whether affidavit pages and jurats required pagination;
  3. 3 Whether a practising advocate & solicitor can certify true copies for s 38(2) AA and O 69 r 8 ROC;

Ratio Decidendi

Court dismissed Ragawang's application to set aside the awards and found the arbitrator acted within the scope of the submission and applicable PAM contract, validly extended time under PAMAR, did not breach natural justice materially or in a manner warranting setting aside, and certified copies by a practising advocate and solicitor were 'duly certified' for s 38 AA purposes; accordingly the court allowed One Amerin's applications to recognize and enforce the Final Awards and refused Ragawang's challenge to the costs award because taxation of costs is within the arbitrator's discretion under s 44 AA.

Court Disposition

Court dismissed Ragawang's set‑aside applications and granted One Amerin's enforcement applications; costs awarded to One Amerin.

Orders

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