4 Feb 2022
OCNED WATER TECHNOLOGY SDN BHD 1. ) UEM BUILDERS BERHAD 2. ) EDGENTA PROPEL BERHAD
- Citation
- WA-24C(ARB)-1-01/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-1-01/2021 (Mahkamah Tinggi)
The court dismissed both applications because the Arbitrator's findings were rooted in the parties' pleadings, evidence and submissions (including express pleadings and oral evidence on EoT, commencement, and delayed issuance of LoA), the impugned observations were part of the tribunal's reasoning or immaterial to the outcome, UB-EP failed to prove a new unpleaded issue or a material breach of natural justice that affected the result, and the court exercised residual discretion not to set aside the Award; procedural non-compliance in Rules of Court did not vitiate enforcement under s38/s39 AA…