12 Feb 2025
BRILLIANT STAR CONSTRUCTION (M) SDN BHD MRCB BUILDERS SDN BHD
- Citation
- WA-24C(ARB)-49-07/2024 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-49-07/2024 (Mahkamah Tinggi)
The Court found that s33A CIDB Act 1994 imposes a mandatory statutory requirement for skilled construction workers to be accredited; the Arbitrator materially erred in law in relation to that statutory obligation in a manner likely to have affected the outcome. That error engaged public policy and justified setting aside the Award under s37 AA 2005. The Court held it had no power to remit the dispute to a new tribunal and therefore set aside the Award and dismissed the enforcement application.