27 Aug 2020
PANCARAN PRIMA SDN BHD ISWARABENA SDN BHD
- Citation
- 02(f)-26-03/2019(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-26-03/2019(W) (Mahkamah Persekutuan)
The Federal Court held that (1) section 21(3)(b) permits an expert arbitrator to draw on his own knowledge and expertise without necessarily notifying parties, absent unreasonable surprise or prejudice; (2) the Court of Appeal and High Court erred in setting aside the loss of profit and completed works awards because no material breach of natural justice was shown and the arbitrator's findings were factual within his remit; (3) the section 37 threshold remains low relative to section 42 but the court must still exercise discretion; and (4) valuation of completed works was a question of fact,…