Malaysia Case Law

21 Oct 2024

ZECON ENGINEERING & CONSTRUCTION SDN BHD POSCO ENGINEERING & CONSTRUCTION CO. LTD.

Citation

WA-24C(ARB)-19-03/2024 (Mahkamah Tinggi)

Court

ARB

Case number

WA-24C(ARB)-19-03/2024 (Mahkamah Tinggi)

Defendant committed a repudiatory breach of the arbitration agreement by failing to request AIAC to appoint a substitute sole arbitrator within a reasonable time under the applicable KLRCA/AIAC rules after the original arbitrator withdrew; Plaintiff accepted the repudiation by filing the Originating Summons; accordingly the arbitration agreement was rendered inoperative as against the Defendant, entitling the Plaintiff to the declaratory relief and associated costs; the Stay Application under s10 AA 2005 was therefore dismissed.

• Arbitration agreement operability
• Appointment of arbitrator
• Advance preliminary deposit (apd)
• Repudiatory breach
• Waiver and abandonment
• Stay of proceedings s10 arbitration act 2005

15 Oct 2024

ZCM MINERALS SDN BHD PASTURA SDN BHD

Citation

W-02(NCC)(A)-2345-12/2022 (Mahkamah Rayuan)

Court

NCC

Case number

W-02(NCC)(A)-2345-12/2022 (Mahkamah Rayuan)

ZMSB failed to comply with the mandatory s15(1) challenge procedure by delaying more than 15 days to challenge the arbitrator; having proceeded with arbitration after awareness, ZMSB is deemed to have waived its objection under s7; consequently the appointment stood and the award was enforceable, so the appeal was dismissed.

• Appointment of arbitrator
• Challenge procedure under s15
• Waiver and deemed waiver under s7
• Setting aside awards under s37(1)(a)(vi)
• Arbitration agreement compliance

29 Sept 2021

1. ) Ketua Setiausaha Kementerian Dalam Negeri 2. ) Kerajaan Malaysia SALCONMAS SDN BHD

Citation

W-01(NCC)(A)-158-03/2020 (Mahkamah Rayuan)

Court

NCC

Case number

W-01(NCC)(A)-158-03/2020 (Mahkamah Rayuan)

The appeal is dismissed because the appellants waived their right to challenge the arbitrator's jurisdiction by failing to raise the objection before the arbitrator as required by the Arbitration Act 2005, and they failed to demonstrate that the Final Award conflicted with Malaysian public policy; although the High Court erred in one factual finding on res judicata, that error did not entitle the appellants to set aside the award.

• Appointment of arbitrator
• Setting aside arbitral award
• Public policy
• Res judicata
• Waiver of objections
• Jurisdiction of arbitrator

MAJOR INDAH SDN BHD V. HOMENG REALTY SDN BHD

Citation

MAJOR INDAH SDN BHD V. HOMENG REALTY SDN BHD

Court

Malaysian court

Court held there were serious questions to be tried and the plaintiff had a strong prima facie case for specific performance; on balance of convenience interlocutory relief was necessary to preserve the status quo and prevent irreparable harm; the defendant's contention that the agreement was void under section 8 of the Housing Developers Act was not sufficiently established to defeat interlocutory relief and the obligation to notify the Controller primarily rests on the developer; accordingly interlocutory injunctions were granted and costs ordered in the cause upon plaintiff's usual underta…

• Interlocutory injunction
• Specific performance
• Termination of contract
• Breach of joint venture agreement
• Illegality under statute
• Status quo preservation