2 Sept 2020
TOSHIBA CORPORATION YONG AH HUAT
- Citation
- WA-24NCC(ARB)-38-09/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-38-09/2019 (Mahkamah Tinggi)
The originating summons was allowed in part: the High Court must recognise and register the ICC Final Award under s38 to enable enforcement and compliance with the Escrow Agreement, but the Tribunal exceeded its jurisdiction in awarding pre-award interest because the amendment (s33(6)) creating such entitlement cannot be applied retrospectively to impair the Defendant's vested right; there was no abuse of process or breach of public policy or natural justice sufficient to refuse recognition; costs were fixed in favour of the Plaintiff.