16 Nov 2022
1. ) LUXOR HOLDINGS SDN BHD 2. ) LUXOR YRM SDN BHD SQA BUILDERS SDN BHD
- Citation
- BA-24C(ARB)-9-09/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-9-09/2021 (Mahkamah Tinggi)
The court held that rights to invoke s42 AA are acquired/accrued at the commencement of arbitral proceedings under s23 AA and preserved by s30(1) Interpretation Acts; repeal of s42 by Act A1569 does not retrospectively extinguish vested rights in arbitrations commenced before repeal; nonetheless the reference under s42 failed threshold requirements because many questions were factual/mixed or did not arise out of the award and/or did not substantially affect rights, thus OS No.9 was dismissed; the Award was not set aside under s37 because alleged excesses and natural justice complaints were n…