8 Oct 2020
Ken Grouting Sdn. Bhd. RKT Nusantara Sdn. Bhd.
- Citation
- W-02(C)(A)-1560-07/2018 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(A)-1560-07/2018 (Mahkamah Rayuan)
The PAM Rules' deadline for delivering an award (Article 21.3) is mandatory and jurisdictional; because the arbitrator did not extend time by notification or apply to the court under s.46 AA 2005, his mandate and jurisdiction ceased when the deadline passed, so the award delivered thereafter was without authority and properly set aside under s.37(1)(a)(vi) AA 2005; party silence after the deadline does not constitute waiver of that cessation and s.18(5) does not bar a s.37(1)(a)(vi) challenge in these circumstances unless time is validly extended.