7 Dec 2021
MIMS CAREER SDN BHD 1. ) SHARINA BINTI MOHAMED SULTAN 2. ) ARMAND MIKHAYL YEOH ABDULLAH 3. ) MARY ELIZABETH A/P S. SANDANASAMY
- Citation
- WA-24NCC(ARB)-6-02/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-6-02/2021 (Mahkamah Tinggi)
The court held OS 9 (application to set aside) must be dismissed because the Arbitral Tribunal did not exceed its jurisdiction: the 'recruitment freeze' allegation was factually intertwined with the pleaded visa restriction and was sufficiently pleaded and evidenced; the applicants waived timely objections and suffered no prejudice; given the high statutory threshold and principle of finality in the Arbitration Act 2005, the award stood. Consequently OS 6 to recognize and register the Final Award under s38 was allowed.