15 Feb 2021
M101 Entity Sdn Bhd Geopancar Sdn Bhd
- Citation
- WA-24C(ARB)-15-06/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-15-06/2020 (Mahkamah Tinggi)
The High Court held that M101 did not prove on the balance of probabilities that the Award should be set aside under s 37(1)(a)(iv) or under s 37(1)(b)(ii) read with s 37(2)(b)(ii). The arbitrator did not exceed his jurisdiction because determining whether the Architect/Engineer instructions contained new requirements (and thus required variation orders) was integral to the pleaded dispute; the documents-only procedure and opportunity to respond nullified M101's complaints of denial of opportunity to lead expert evidence; no breach of natural justice or public policy was established. Conseque…