31 Oct 2019
MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN JOHAWAKI DEVELOPMENT SDN BHD
- Citation
- WA-24C(ARB)-11-03/2019 & WA-24C(ARB)-12-03/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-11-03/2019 & WA-24C(ARB)-12-03/2019 (Mahkamah Tinggi)
The High Court set aside the arbitral Award (14.12.2018) under s37 AA 2005 because the Arbitrator exceeded his jurisdiction by failing to decide key pleaded issues, deciding matters beyond the submission (including speculative factual findings), and producing an award tainted by breaches of the rules of natural justice and public policy (including allowing apparent double recovery and awarding special damages that exceeded pleaded claims); consequently the enforcement application was dismissed and extension of time to refer questions under s42 was refused.