Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Liquidated damages/penalty clause interpretation

Legal area

Court

11 Jan 2023

JANA DCS SDN BHD TAR PH FAMILY ENTERTAINMENT SDN BHD

Citation

WA-24NCC(ARB)-27-04/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-27-04/2022 (Mahkamah Tinggi)

The court dismissed the applications to set aside and allowed enforcement because the TAR Companies failed to prove the awards dealt with matters beyond the submission or conflicted with public policy; the arbitrator's findings were supported by pleadings and a comprehensive analysis of evidence, the threshold for judicial intervention under s37 was not met, and the formal requirements for recognition and enforcement under s38 were satisfied.
11 Jan 2023

JANA DCS SDN BHD PH MARINA BOULEVARD SDN BHD

Citation

WA-24NCC(ARB)-28-04/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-28-04/2022 (Mahkamah Tinggi)

The court dismissed the setting aside applications and allowed enforcement because the contested findings fell within the matters pleaded and within the submission to arbitration, the Arbitrator conducted a full and reasoned evaluation of evidence and law so there was no breach of natural justice or conflict with public policy, and the formal requirements for recognition and enforcement under section 38 AA were satisfied with no valid s39 objection.