16 Nov 2022
SQA BUILDERS SDN BHD 1. ) LUXOR HOLDINGS SDN BHD 2. ) LUXOR YRM SDN BHD
- Citation
- BA-24C(ARB)-8-08/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-8-08/2021 (Mahkamah Tinggi)
The court dismissed the reference application under s 42 and the application to set aside the award under s 37, holding the repeal of s 42 did not revive a right to challenge awards made after repeal and that the arbitrator's procedures and reasons did not amount to breach of natural justice warranting setting aside; the award is recognized and enforced under s 38(1) including the arbitrator's decision on the two CIPAA-adjudicated amounts, with LH and LY ordered to pay specified sums and interest; the arbitral tribunal had power under s 44 to tax costs but having declined, the court taxed cos…