22 Mar 2019
SABANILAM ENTERPRISE SDN BHD MASENANG SDN BHD
- Citation
- S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)
In a domestic arbitration governed by the Arbitration Act 2005 the curial law is uniform throughout Malaysia; the juridical concept of seat/venue is irrelevant to oust concurrent supervisory jurisdiction of the High Court in Sabah and Sarawak where a statutory limb under section 23 CJA is satisfied; accordingly the Kota Kinabalu High Court had jurisdiction to hear the originating summons to set aside the award and the High Court's striking out for lack of jurisdiction was wrong.