TAR PH FAMILY ENTERTAINMENT SDN BHD JANA DCS SDN BHD

TAR PH FAMILY ENTERTAINMENT SDN BHD JANA DCS SDN BHD

The court dismissed the setting aside applications because the TAR Companies failed to meet the high statutory threshold under s37 AA: the contested findings were within the pleaded issues and the scope of submission, the Arbitrator adequately considered evidence and law, and there was no breach of natural justice or public policy; the enforcement applications were allowed because formal requirements under s38 AA were met and no valid ground under s39 AA to refuse recognition existed.

Citation
WA-24NCC(ARB)-19-03/2022 (Mahkamah Tinggi)
Parties
Applicant in Setting Aside; Plaintiff in Related Originating Summons: TAR PH Sdn Bhd; Applicant in Setting Aside; Plaintiff in Related Originating Summons: TAR PH Family Entertainment Sdn Bhd; Applicant in Setting Aside; Plaintiff in Related Originating Summons: PH Marina Boulevard Sdn Bhd; Respondent to Setting Aside; Applicant in Enforcement Applications: Jana DCS Sdn Bhd
Court
ARB
Jurisdiction
Malaysia
Judgment Date
11 January 2023
Case Number
WA-24NCC(ARB)-19-03/2022 (Mahkamah Tinggi)
Procedural Posture
Arbitration — Setting Aside and Enforcement of Final Awards / Judgment on Originating Summonses (setting Aside Dismissed; Enforcement Allowed)
Outcome
Setting Aside Applications dismissed; Enforcement Applications allowed; costs awarded to Jana DCS
Legal Topics
Setting Aside Arbitral Award, Enforcement of Arbitral Award, Scope of Submission to Arbitration, Natural Justice, Liquidated Damages Clause
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Public Policy Setting Aside Arbitral Award Enforcement of Arbitral Award Scope of Submission to Arbitration Natural Justice +1 more

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Parties

TAR PH Sdn Bhd

Applicant in Setting Aside; Plaintiff in Related Originating Summons

TAR PH Family Entertainment Sdn Bhd

Applicant in Setting Aside; Plaintiff in Related Originating Summons

PH Marina Boulevard Sdn Bhd

Applicant in Setting Aside; Plaintiff in Related Originating Summons

Jana DCS Sdn Bhd

Respondent to Setting Aside; Applicant in Enforcement Applications

Procedural Posture

Arbitration — Setting Aside and Enforcement of Final Awards / Judgment on Originating Summonses (setting Aside Dismissed; Enforcement Allowed)

Legal Issues

  1. 1 Whether the arbitral awards dealt with matters beyond the submission to arbitration
  2. 2 Whether the awards breached public policy by breaching natural justice or manifest error
  3. 3 Whether formal requirements for enforcement under s38 AA were met and whether recognition should be refused under s39 AA

Ratio Decidendi

The court dismissed the setting aside applications because the TAR Companies failed to meet the high statutory threshold under s37 AA: the contested findings were within the pleaded issues and the scope of submission, the Arbitrator adequately considered evidence and law, and there was no breach of natural justice or public policy; the enforcement applications were allowed because formal requirements under s38 AA were met and no valid ground under s39 AA to refuse recognition existed.

Court Disposition

Setting Aside Applications dismissed; Enforcement Applications allowed; costs awarded to Jana DCS

Orders

  • Setting Aside Applications WA-24NCC(ARB)-18-03/2022, WA-24NCC(ARB)-19-03/2022 and WA-24NCC(ARB)-20-03/2022 dismissed
  • Enforcement Applications WA-24NCC(ARB)-26-04/2022, WA-24NCC(ARB)-27-04/2022 and WA-24NCC(ARB)-28-04/2022 allowed; Awards recognized and to be enforced as judgments