Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Natural justice (fair hearing)

Legal area

Court

5 Dec 2025

GUMUSUT-KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED SABAH SHELL PETROLEUM COMPANY LIMITED

Citation

W-02(C)(A)-125-01/2023 (Mahkamah Rayuan)
Court

C
Case number

W-02(C)(A)-125-01/2023 (Mahkamah Rayuan)

The Court held that limitation/exclusion clauses (Article 34.3) are substantive rules governing remedies and quantum and do not, absent clear drafting, limit the tribunal's jurisdiction; parties had expressly submitted interpretation of Article 34.3 to the tribunal so any error was within jurisdiction and not a basis for setting aside under AA 2005; alleged breaches of natural justice and public policy (non‑production of PSC, double recovery, arbitrariness in apportionment, sampling/extrapolation) were unfounded because the issues were ventilated in the arbitration, the tribunal gave reasons…
29 Feb 2024

LEMBAGA TABUNG HAJI LINGKARAN HARTANIAGA SDN. BHD.

Citation

WA-24NCC(ARB)-38-10/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-38-10/2023 (Mahkamah Tinggi)

The High Court held that the arbitrator acted within jurisdiction and properly considered availability of specific performance under the Specific Relief Act, that consequential orders were incidental to specific performance and within arbitrator's authority, and that alleged breaches of natural justice and non‑disclosure were either immaterial or not demonstrated to have affected the outcome; accordingly the setting aside application fails and the award is enforceable.