Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside arbitral award under s37

Legal area

Court

5 Aug 2024

MAISON ROUGE SDN BHD PINTARAS GEOTECHNICS SDN BHD

Citation

WA-24C(ARB)-30-07/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-30-07/2023 (Mahkamah Tinggi)

The High Court dismissed the application to set aside the Award under section 37 of the Arbitration Act 2005, holding the arbitrator properly evaluated evidence, law and causation, acted within his jurisdiction and did not breach natural justice; the Court allowed enforcement of the Award under section 38 and treated procedural defects under Order 69 r8(8) as non-prejudicial and non-fatal.
30 Dec 2022

SIGMA ELEVATOR (M) SDN. BHD. PEMBINAAN YUEN SENG SDN BHD

Citation

WA-24C(ARB)-28-07/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-28-07/2022 (Mahkamah Tinggi)

The High Court found the Arbitrator had considered the evidence and contract terms relevant to the disputed variation orders and the claimed sum; there was no established breach of natural justice or jurisdictional excess within s37 AA 2005 that would justify setting aside the Award; therefore the Award is to be recognised and enforced and the application to set it aside dismissed.