27 Jan 2023
TUNAS MANJA DEVELOPMENT & CONSTRUCTION (KL) SDN BHD SPNB ASPIRASI SENDIRIAN BERHAD
- Citation
- WA-24C(ARB)-27-07/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-27-07/2022 (Mahkamah Tinggi)
SPNB failed to discharge the burden on a balance of probabilities to show any statutory ground under s37 AA 2005 warranting setting aside; alleged jurisdictional defects were not timely raised before the tribunal and separability preserves arbitral competence to decide antecedent misconduct; alleged breaches of natural justice were either challenges to merits or immaterial to outcome; costs were the subject of procedural direction and uncontested by SPNB; consequently both the application to set aside the Award and the application to set aside the ex-parte enforcement order were dismissed.