ZCM MINERALS SDN BHD PASTURA SDN BHD

ZCM MINERALS SDN BHD PASTURA SDN BHD

ZMSB failed to comply with the mandatory s15(1) challenge procedure by delaying more than 15 days to challenge the arbitrator; having proceeded with arbitration after awareness, ZMSB is deemed to have waived its objection under s7; consequently the appointment stood and the award was enforceable, so the appeal was dismissed.

Citation
W-02(NCC)(A)-2345-12/2022 (Mahkamah Rayuan)
Parties
Appellant: ZMSB; Respondent: PSB
Court
NCC
Jurisdiction
Malaysia
Judgment Date
15 October 2024
Case Number
W-02(NCC)(A)-2345-12/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (arbitration) / Court of Appeal Judgment
Outcome
Appeal dismissed.
Legal Topics
Appointment of Arbitrator, Challenge Procedure Under S15, Waiver and Deemed Waiver Under S7, Setting Aside Awards Under S37(1)(a)(vi), Arbitration Agreement Compliance
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Enforcement of Arbitral Awards Appointment of Arbitrator Challenge Procedure Under S15 Waiver and Deemed Waiver Under S7 Setting Aside Awards Under S37(1)(a)(vi) +1 more

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Parties

ZMSB

Appellant

PSB

Respondent

Procedural Posture

Civil Appeal (arbitration) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether arbitrator was validly appointed in accordance with Clause 11 of the MOA
  2. 2 Whether the s15 challenge procedure was complied with
  3. 3 Whether ZMSB waived its right to object under s7 by delay and participation

Ratio Decidendi

ZMSB failed to comply with the mandatory s15(1) challenge procedure by delaying more than 15 days to challenge the arbitrator; having proceeded with arbitration after awareness, ZMSB is deemed to have waived its objection under s7; consequently the appointment stood and the award was enforceable, so the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • High Court decision affirmed.