10 Aug 2020
PROJALMA SDN. BHD. FRUHPC CONCEPT SDN. BHD.
- Citation
- WA-24NCC(ARB)-34-07/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-34-07/2019 (Mahkamah Tinggi)
The Malaysian High Court, acting as an enforcement court, must recognise and enforce the Singapore-seated interim award on costs under s.38; jurisdictional challenges to the tribunal's preliminary ruling had to be brought before the supervisory court at the seat (Singapore) and the respondent both failed to apply within the statutory period and actively participated in the arbitration (filed a counterclaim), thereby precluding the respondent from litigating jurisdiction in Malaysia; accordingly the application to set aside the Ex‑Parte Order is dismissed.