JIANGSU PROVINCIAL CONSTRUCTION (M) SDN BHD D BOX SYSTEM (M) SDN BHD

JIANGSU PROVINCIAL CONSTRUCTION (M) SDN BHD D BOX SYSTEM (M) SDN BHD

Leave to file the setting aside application out of time was refused because the Arbitrator's record showed Jiangsu's counsel collected the Award on 10.11.2022 and Jiangsu offered no compelling evidence or justification for the delay; on the merits, Jiangsu failed to prove on the balance of probabilities that a breach of natural justice occurred in connection with the Award that would engage public policy under s37 AA 2005; accordingly the setting aside application was dismissed and the enforcement application was allowed.

Citation
WA-24C(ARB)-18-05/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Respondent: Jiangsu Provincial Construction (M) Sdn Bhd; Defendant / Applicant: D Box System (M) Sdn Bhd
Court
ARB
Jurisdiction
Malaysia
Judgment Date
13 October 2023
Case Number
WA-24C(ARB)-18-05/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under Arbitration Act 2005: Setting Aside and Enforcement of Award / Decision / Grounds of Judgment (high Court)
Outcome
Setting Aside Application dismissed; Enforcement Application allowed.
Legal Topics
Setting Aside Award, Enforcement Under S38 AA 2005, Extension of Time for Statutory Limitation, Public Policy, Breach of Natural Justice, Costs
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Judicial Review of Arbitral Awards Enforcement of Arbitral Awards Setting Aside Award Enforcement Under S38 AA 2005 Extension of Time for Statutory Limitation +3 more

Case Brief

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Parties

Jiangsu Provincial Construction (M) Sdn Bhd

Plaintiff / Respondent

D Box System (M) Sdn Bhd

Defendant / Applicant

Procedural Posture

Originating Summonses Under Arbitration Act 2005: Setting Aside and Enforcement of Award / Decision / Grounds of Judgment (high Court)

Legal Issues

  1. 1 Whether leave should be granted to file application to set aside the award out of time
  2. 2 Whether the award is in conflict with public policy by reason of breach of natural justice (s37(2)(b)(i) AA 2005)
  3. 3 Whether the enforcement application under s38 AA 2005 should be allowed

Ratio Decidendi

Leave to file the setting aside application out of time was refused because the Arbitrator's record showed Jiangsu's counsel collected the Award on 10.11.2022 and Jiangsu offered no compelling evidence or justification for the delay; on the merits, Jiangsu failed to prove on the balance of probabilities that a breach of natural justice occurred in connection with the Award that would engage public policy under s37 AA 2005; accordingly the setting aside application was dismissed and the enforcement application was allowed.

Court Disposition

Setting Aside Application dismissed; Enforcement Application allowed.

Orders

  • Setting Aside Application dismissed with costs of RM6,000.00.
  • Enforcement Application allowed with costs of RM4,000.00, subject to allocator.