12 Feb 2025
MRCB BUILDERS SDN. BHD. BRILLIANT STAR CONSTRUCTION (M) SDN BHD
- Citation
- WA-24C(ARB)-34-05/2024 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-34-05/2024 (Mahkamah Tinggi)
The court set aside the arbitrator's Final Award under s37 AA 2005 because the arbitrator made a serious and material error in relation to the effect of section 33A of the CIDB Act 1994 on the contract and Award; that error was likely to have affected the outcome and thus enforcement would be injurious to public good and justice. The court refused to remit the dispute to a new tribunal and ordered relief in favour of the application to set aside (granted specified prayers of OS34) and dismissed the enforcement application (OS49).