29 Nov 2022
Pook Fong Fee and Aswath Ramkrishnan [Messrs Ahmad Deniel, Ruben & Co.] Abdullah Az-Zubayr bin Awaluddin and Ashmadi bin Othman [Messrs Zulpadli & Edham]
- Citation
- SAMAN PEMULA NO.: WA-24C(ARB)-18-05/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- SAMAN PEMULA NO.: WA-24C(ARB)-18-05/2022 (Mahkamah Tinggi)
The High Court refused to set aside the Final Award because the respondent failed to establish any of the limited statutory grounds under ss36/39 Arbitration Act 2005: there was no demonstrable breach of natural justice, no excess of jurisdiction, and the alleged conflict of interest had been previously litigated and dismissed (res judicata/estoppel); the arbitrator had considered the evidence and issues; therefore the award is final and enforceable and recognition and enforcement are granted.
- Recognition and enforcement of arbitral award
- Setting aside arbitral award
- Natural justice / breach of fair hearing
- Jurisdiction of arbitrator / excess of jurisdiction
- Conflict of interest / bias
- Res judicata and estoppel