Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 38 and 39 arbitration act 2005

Legal area

Court

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.
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…