28 Dec 2020
1. ) BA-22C(ARB)-4-05/2020 LOW KOH HWA @ LOW KOK HWA (NRIC No.: 440923-10-5249) [practising as sole Chartered Architect at LOW & ASSOCIATES (Registered Architect No.: A/L 78)] 2. ) BA-24C-87-09/2020 PERSATUAN KANAK-KANAK SPASTIK SELANGOR &
- Citation
- BA-22C(ARB)-4-05/2020 & BA-24C-87-09/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-22C(ARB)-4-05/2020 & BA-24C-87-09/2020 (Mahkamah Tinggi)
The High Court set aside the entire arbitral award: the arbitrator failed to make full and timely disclosure of a relationship with the Association's material witness, creating a real possibility of bias and a perception of lack of independence under s14(1)-(2) AA, and the arbitrator exceeded the submission by deciding an unpleaded overpayment; the breaches were material to the outcome and severance under s37(3) was not practicable, so the award must be set aside and enforcement dismissed.