Malaysia Case Law: Decisions & Judgments

Topic

Setting aside arbitration award

Legal area

Court

28 Aug 2025

PERDANA SPECIALIST HOSPITAL SDN. BHD. AKIRAN SERVICES SDN. BHD.

Citation

WA-24NCC(ARB)-9-03/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-9-03/2025 (Mahkamah Tinggi)

The court held the arbitrator acted within the scope of the arbitration and on matters fairly raised by the pleadings and evidence; issues of waiver and estoppel were sufficiently pleaded by facts and conduct, parties had opportunity to address them, there was no material breach of natural justice nor public policy breach, and the damages awarded were compensatory under s.74 Contracts Act; accordingly the application to set aside is dismissed and the award is registered and enforced as a judgment.
28 Aug 2025

AKIRAN SERVICES SDN BHD KPJ PERDANA SPECIALIST HOSPITAL SDN BHD

Citation

WA-24NCC(ARB)-17-06/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-17-06/2025 (Mahkamah Tinggi)

Court held the arbitrator acted within the scope of the arbitration and based on pleaded facts and evidence; there was no breach of natural justice or conflict with Malaysian public policy; s42 is deleted and inapplicable; accordingly the application to set aside the award is dismissed and the application to register the award is allowed, with costs awarded to the defendant.
29 Feb 2024

CREST BUILDER SDN BHD SAUJANA TRIANGLE SDN BHD

Citation

WA-24C(ARB)-25-06/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-25-06/2023 (Mahkamah Tinggi)

The High Court held that the Shah Alam Fortuna injunction was interlocutory and did not produce a final determination giving rise to res judicata or issue estoppel binding the arbitral tribunal; the arbitrator acted within jurisdiction in refusing late amendments and recall after considering delay and prejudice and articulating reasons; Saujana failed to prove on the balance of probabilities that the Award conflicted with Malaysian public policy or that there was a breach of natural justice; enforcement under s 38 AA 2005 was therefore allowed and the application to set aside was dismissed.
26 Sept 2023

M.E.I. PROJECT ENGINEERS SDN BHD SYARIKAT SUCCESS CONSTRUCTION SDN BHD

Citation

WA-24C(ARB)-15-04/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-15-04/2023 (Mahkamah Tinggi)

The court found MEI failed to prove on balance that the Award conflicted with public policy or that there was a breach of natural justice materially affecting the outcome; the arbitrator had considered submissions and evidence (including issues concerning MA6 and MA7) and provided reasons; MEI’s complaint amounted to a merits challenge not permissible under s 37; therefore the Setting Aside Application was dismissed and the Enforcement Application allowed.
18 Jul 2023

IDEAWORKS RESOURCES SDN.BHD. OAKLAND HOLDINGS SDN. BHD.

Citation

WA-24C(ARB)-1-01/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-1-01/2023 (Mahkamah Tinggi)

Application to set aside the Award was dismissed. The Court upheld the preliminary objection to late filing of the affidavit and, on the merits, found the Arbitrator correctly interpreted Clause 26.7(b) as a mandatory pre-condition affecting tribunal jurisdiction; the Final Account Claim fell outside the Tribunal's jurisdiction and/or was manifestly without merit under AIAC Rule 19; there was no breach of natural justice or public policy that would justify setting aside the Award; costs RM15,000 awarded to Defendant subject to allocatur.
26 Jun 2023

TOSHIBA ELEVATOR (MALAYSIA) SDN BHD ENG HAN ENGINEERING SDN BHD

Citation

WA-24C(ARB)-51-12/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-51-12/2022 (Mahkamah Tinggi)

The court found no breach of natural justice or public policy: the arbitrator considered matters within the parties' submissions and within her mandate, drawing on permissible expertise; errors of fact or law did not justify setting aside under section 37; accordingly the application to set aside (OS 44) was dismissed and the enforcement/entry of judgment in terms of the Award (OS 51) was granted with costs.
22 Mar 2019

SABANILAM ENTERPRISE SDN BHD MASENANG SDN BHD

Citation

S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)

In a domestic arbitration governed by the Arbitration Act 2005 the curial law is uniform throughout Malaysia; the juridical concept of seat/venue is irrelevant to oust concurrent supervisory jurisdiction of the High Court in Sabah and Sarawak where a statutory limb under section 23 CJA is satisfied; accordingly the Kota Kinabalu High Court had jurisdiction to hear the originating summons to set aside the award and the High Court's striking out for lack of jurisdiction was wrong.

Malaysia Case Law

PERDANA SPECIALIST HOSPITAL SDN. BHD. AKIRAN SERVICES SDN. BHD.

AKIRAN SERVICES SDN BHD KPJ PERDANA SPECIALIST HOSPITAL SDN BHD

CREST BUILDER SDN BHD SAUJANA TRIANGLE SDN BHD

M.E.I. PROJECT ENGINEERS SDN BHD SYARIKAT SUCCESS CONSTRUCTION SDN BHD

IDEAWORKS RESOURCES SDN.BHD. OAKLAND HOLDINGS SDN. BHD.

TOSHIBA ELEVATOR (MALAYSIA) SDN BHD ENG HAN ENGINEERING SDN BHD

SABANILAM ENTERPRISE SDN BHD MASENANG SDN BHD