Malaysia Case Law: Decisions & Judgments

Topic

Recognition and enforcement of foreign arbitral awards

Legal area

Court

11 Dec 2024

Q & M Dental Group (Malaysia) Sdn Bhd 1. ) Tye Chee Wah 2. ) Chong Vooi Seong 3. ) Chan Sing Cheong 4. ) Pride Access Sdn Bhd

Citation

WA-24NCC(ARB)-28-07/2024 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-28-07/2024 (Mahkamah Tinggi)

Defendants failed to meet the high, narrow threshold for public policy or breach of natural justice; the Arbitrator did not exceed jurisdiction and correctly applied Malaysian law and contract interpretation; all formal requirements under s.38 Arbitration Act 2005 and O.69 r.8 ROC 2012 were satisfied and registration was properly granted as of right; there is no requirement to first enforce the award in the seat (Singapore); therefore the Setting Aside Application is dismissed with costs and the Ex‑Parte Order stands.
21 Aug 2023

Super Sea Cable Network Pte Ltd Sacofa Sdn Bhd

Citation

WA-24NCC(ARB)-25-07/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-25-07/2023 (Mahkamah Tinggi)

The court held the applicant complied with s.38 AA; Sacofa failed to discharge the burden under s.39 AA as its objections were merits-based or amounted to res judicata/abuse of process and did not meet the high threshold for public policy or other statutory grounds; accordingly the SIAC Final Award was recognised and enforced as a judgment, subject to a 14-day compliance variation and costs to the applicant.
15 Dec 2020

DANIELI & C. OFFICINE MECCHANICHE S.P.A (No. Pendaftaran Itali: 00172460302 SOUTHERN HRC SDN BHD (No. Pendaftaran Malaysia: 199601035042/407395-M)

Citation

WA-24NCC-471-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-471-10/2020 (Mahkamah Tinggi)

The court held that the plaintiff's application is a court proceeding relating to an arbitration commenced after the Arbitration Act 2005 and therefore is governed by the AA2005; by virtue of section 8 the court must decline jurisdiction for reliefs not provided by the Act (other than enforcement under s38 or AA2005-prescribed remedies); the enclosure seeking inspection is impermissibly related to the arbitration award and the defendant's jurisdictional application succeeds.
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…
10 Aug 2020

PROJALMA SDN. BHD. FRUHPC CONCEPT SDN. BHD.

Citation

WA-24NCC(ARB)-34-07/2019 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-34-07/2019 (Mahkamah Tinggi)

The Malaysian High Court, acting as an enforcement court, must recognise and enforce the Singapore-seated interim award on costs under s.38; jurisdictional challenges to the tribunal's preliminary ruling had to be brought before the supervisory court at the seat (Singapore) and the respondent both failed to apply within the statutory period and actively participated in the arbitration (filed a counterclaim), thereby precluding the respondent from litigating jurisdiction in Malaysia; accordingly the application to set aside the Ex‑Parte Order is dismissed.
1 Jul 2020

CHUBB SAMAGGI INSURANCE PUBLIC COMPANY LIMITED (Company Registration No.: 0107537001510) BEST RE (L) LIMITED (Company Registration No.: LL07490/License No.: TA20120002)

Citation

WA-24NCC(ARB)-35-09/2018 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-35-09/2018 (Mahkamah Tinggi)

The application for extension of time was refused because the respondent failed to provide a satisfactory explanation for inordinate delay; consequently the application to set aside the registration/enforcement order was dismissed as time-barred and without merit. On the merits the court held that challenges to the arbitral award's consolidation should properly be litigated at the seat (Thailand) and the alleged wrong corporate name was a clerical issue that did not defeat enforcement. The filings were treated as part of a mala fide attempt to frustrate enforcement; costs were awarded to the…

Malaysia Case Law

Q & M Dental Group (Malaysia) Sdn Bhd 1. ) Tye Chee Wah 2. ) Chong Vooi Seong 3. ) Chan Sing Cheong 4. ) Pride Access Sdn Bhd

Super Sea Cable Network Pte Ltd Sacofa Sdn Bhd

DANIELI & C. OFFICINE MECCHANICHE S.P.A (No. Pendaftaran Itali: 00172460302 SOUTHERN HRC SDN BHD (No. Pendaftaran Malaysia: 199601035042/407395-M)

ENVAC SCANDINAVIA A.B. MUHIBBAH ENGINEERING (M) BHD

PROJALMA SDN. BHD. FRUHPC CONCEPT SDN. BHD.

CHUBB SAMAGGI INSURANCE PUBLIC COMPANY LIMITED (Company Registration No.: 0107537001510) BEST RE (L) LIMITED (Company Registration No.: LL07490/License No.: TA20120002)