16 Nov 2022
1. ) LUXOR HOLDINGS SDN BHD 2. ) LUXOR YRM SDN BHD SQA BUILDERS SDN BHD
- Citation
- BA-24C(ARB)-10-09/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-10-09/2021 (Mahkamah Tinggi)
The court held that (1) the repeal of s42 by Act A1569 does not automatically deprive parties of vested rights arising from arbitral proceedings commenced before 8 May 2018 (s23 AA read with s30 IA), but the availability of s42 is subject to statutory threshold requirements; (2) the ten questions in amended OS No.9 failed the s42 threshold (many were factual/mixed issues, did not arise on the face of the award or did not substantially affect rights) and OS No.9 was dismissed; (3) the s37 challenge to set aside the award failed because the arbitrator’s conduct and reasons did not constitute a…