29 Feb 2024
CREST BUILDER SDN BHD SAUJANA TRIANGLE SDN BHD
- Citation
- WA-24C(ARB)-25-06/2023 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-25-06/2023 (Mahkamah Tinggi)
The High Court held that the Shah Alam Fortuna injunction was interlocutory and did not produce a final determination giving rise to res judicata or issue estoppel binding the arbitral tribunal; the arbitrator acted within jurisdiction in refusing late amendments and recall after considering delay and prejudice and articulating reasons; Saujana failed to prove on the balance of probabilities that the Award conflicted with Malaysian public policy or that there was a breach of natural justice; enforcement under s 38 AA 2005 was therefore allowed and the application to set aside was dismissed.