27 Jan 2023
SPNB ASPIRASI SDN BHD TUNAS MANJA DEVELOPMENT & CONSTRUCTION (KL) SDN BHD
- Citation
- WA-24C(ARB)-31-07/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-31-07/2022 (Mahkamah Tinggi)
SPNB failed to prove on the balance of probabilities any of the limited statutory grounds in s37 AA 2005: the arbitrator did not decide matters beyond the submission, acted within agreed procedure and jurisdiction (including on fraud and ancillary relief), the arbitration clause is separable, challenges to arbitrator were procedurally misframed/dilatory, alleged breaches of natural justice were either merits attacks or immaterial, and SPNB had opportunity to address costs but did not; accordingly both setting aside applications were dismissed.