18 Aug 2021
HOTEL SENTRAL PUDU SDN BHD AUTOCUBE (BEIJING) NEW ENERGY TECHNOLOGY CO LTD
- Citation
- WA-24NCC(ARB)-23-04/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-23-04/2021 (Mahkamah Tinggi)
The court set aside the CIETAC award because Hotel Sentral was not duly and properly notified of the arbitration (s.37(1)(a)(iii)) and enforcement would offend the public policy of finality given the award had been previously set aside and that decision affirmed (res judicata / s.37(1)(b)(ii)); the defendant's unsworn explanations were insufficient to rebut those findings.