Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Breach of natural justice (audi alteram partem)

Legal area

Court

26 Sept 2023

M.E.I. PROJECT ENGINEERS SDN BHD SYARIKAT SUCCESS CONSTRUCTION SDN BHD

Citation

WA-24C(ARB)-15-04/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-15-04/2023 (Mahkamah Tinggi)

The court found MEI failed to prove on balance that the Award conflicted with public policy or that there was a breach of natural justice materially affecting the outcome; the arbitrator had considered submissions and evidence (including issues concerning MA6 and MA7) and provided reasons; MEI’s complaint amounted to a merits challenge not permissible under s 37; therefore the Setting Aside Application was dismissed and the Enforcement Application allowed.
26 Sept 2023

SYARIKAT SUCCESS CONSTRUCTION SDN BHD M.E.I. PROJECT ENGINEERS SDN BHD

Citation

WA-24C(ARB)-21-05/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-21-05/2023 (Mahkamah Tinggi)

The High Court dismissed the s 37 setting aside application because the Arbitrator had considered the parties' evidence and submissions and expressly made findings on the validity and effect of the mutual agreements; the absence of an explicit reference to the witness admission in the Award did not constitute a breach of natural justice nor a public policy violation, and the complaints related to merits of the Award which are not reviewable under s 37; accordingly the enforcement application under s 38 was allowed.