Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Expert evidence weight and independence

Legal area

Court

24 Nov 2025

NORTON CONSTRUCTION SDN BHD GLOMAC KRISTAL SDN BHD

Citation

WA-24C(ARB)-32-08/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-32-08/2025 (Mahkamah Tinggi)

The Court dismissed the setting‑aside application because the plaintiff failed to prove any ground under s37: the Arbitrator considered and addressed the contested issues, made findings of fact and law within her mandate, and no breach of natural justice, excess of jurisdiction or conflict with public policy was shown; consequently, the Award met formal requirements under s38 and was ordered registered and enforced as a High Court judgment.
24 Nov 2025

GLOMAC KRISTAL SDN BHD NORTON CONSTRUCTION SDN BHD

Citation

WA-24C(ARB)-30-07/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-30-07/2025 (Mahkamah Tinggi)

Plaintiff failed to prove any of the narrow statutory grounds in s37: the arbitrator considered the parties' submissions and evidence, made fact-based credibility determinations (including that plaintiff waived strict notice requirements and that plaintiff's expert lacked independence), and resolved contract interpretation and causation questions within her jurisdiction; therefore the setting aside application was dismissed and the Award registered and enforced under s38 as formal requirements were met.