26 Aug 2020
ENVAC SCANDINAVIA A.B. MUHIBBAH ENGINEERING (M) BHD
- Citation
- BA-24NCC(ARB)-2-01/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24NCC(ARB)-2-01/2020 (Mahkamah Tinggi)
Court held that for a foreign award the respondent may oppose recognition and enforcement under s39 by affidavit and submissions without a separate originating summons; public policy under s39(1)(b)(ii) is available where enforcement would require the Malaysian party to commit an illegality under foreign law or otherwise offend fundamental principles of justice; given a strong prima facie case that release of the withheld QAR888,654.91 would contravene Qatari tax law and absent rebuttal expert evidence from the plaintiff, the Court granted conditional leave to enforce the withheld amount: pay…