Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside arbitral award (s37 arbitration act 2005)

Legal area

Court

27 Jan 2023

SPNB ASPIRASI SDN BHD TUNAS MANJA DEVELOPMENT & CONSTRUCTION (KL) SDN BHD

Citation

WA-24C(ARB)-31-07/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-31-07/2022 (Mahkamah Tinggi)

SPNB failed to prove on the balance of probabilities any of the limited statutory grounds in s37 AA 2005: the arbitrator did not decide matters beyond the submission, acted within agreed procedure and jurisdiction (including on fraud and ancillary relief), the arbitration clause is separable, challenges to arbitrator were procedurally misframed/dilatory, alleged breaches of natural justice were either merits attacks or immaterial, and SPNB had opportunity to address costs but did not; accordingly both setting aside applications were dismissed.
11 Jan 2023

JANA DCS SDN BHD TAR PH FAMILY ENTERTAINMENT SDN BHD

Citation

WA-24NCC(ARB)-27-04/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-27-04/2022 (Mahkamah Tinggi)

The court dismissed the applications to set aside and allowed enforcement because the TAR Companies failed to prove the awards dealt with matters beyond the submission or conflicted with public policy; the arbitrator's findings were supported by pleadings and a comprehensive analysis of evidence, the threshold for judicial intervention under s37 was not met, and the formal requirements for recognition and enforcement under s38 were satisfied.