Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Finality of arbitration

Legal area

Court

11 Jan 2023

TAR PH SDN BHD JANA DCS SDN BHD

Citation

WA-24NCC(ARB)-18-03/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-18-03/2022 (Mahkamah Tinggi)

The court dismissed the applications to set aside because the TAR Companies failed to demonstrate that the awards dealt with matters outside the submission or conflicted with public policy; the arbitrator had considered pleadings and evidence, made reasoned findings on facts and law, and the high threshold and finality principle under the Arbitration Act 2005 precluded judicial re‑examination; consequently the enforcement applications were allowed.
30 Nov 2022

1. ) Chan Heng Si 2. ) Kothai A/P Ramamoorthy 3. ) Nuraznira Nazreen Binti Mohd Azmi Allianz General Insurance Company (Malaysia) Berhad

Citation

WA-24NCC(ARB)-12-03/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-12-03/2022 (Mahkamah Tinggi)

The High Court dismissed both originating summonses: plaintiffs failed to demonstrate a breach of natural justice or a conflict with public policy within the narrow statutory meaning under s.37 AA; the arbitrator considered the contested legal submissions (including LPA and LPPLIR arguments), his contractual construction was within his jurisdiction, and the applications were effectively merits challenges not maintainable under s.37; OS12 was dismissed consequentially given its dependence on OS11.