30 Nov 2020
VISTASIK SDN BHD PROPEL SYNERGY SDN BHD
- Citation
- WA-24C(ARB)-44-10/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-44-10/2019 (Mahkamah Tinggi)
The Court found only one challenged aspect sustainable: the Arbitrator decided on matters beyond the scope of the submission (the Arbitrator's findings on delay in certification of payments and delay in payment) and that part of the Award fell within s37(1)(a)(v); applying s37(3) the Court severed and set aside only that part. All other grounds failed: the arbitrator had afforded fair opportunity, applied contract interpretation and evidence assessment within his remit, and the remainder of the Award was enforceable under s38 AA2005. Costs of RM15,000.00 each awarded to Vistasik for both appl…