20 Nov 2023
RAGAWANG CORPORATION SDN BHD ONE AMERIN RESIDENCE SDN BHD
- Citation
- BA-24C(ARB)-9-11/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-9-11/2022 (Mahkamah Tinggi)
The High Court found the 2nd arbitrator made material errors and contradictions by deciding termination based on an incomplete documentary record and incorrect factual assumptions (including that certain issues had been decided in the 1st arbitration and that set-off had disposed of the subject matter), and by denying Ragawang a meaningful opportunity to be heard; those breaches of natural justice had a real and substantial impact on the outcome and thereby rendered the awards in conflict with the public policy of Malaysia under s37 of the Arbitration Act 2005, warranting setting aside of the…