Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Natural justice (bias and right to be heard)

  • 30 May 2022

    ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

    Citation
    BA-24C(ARB)-6-08/2021 (Mahkamah Tinggi)
    Court
    ARB
    Case number
    BA-24C(ARB)-6-08/2021 (Mahkamah Tinggi)

    Court dismissed Ragawang's application to set aside the awards and found the arbitrator acted within the scope of the submission and applicable PAM contract, validly extended time under PAMAR, did not breach natural justice materially or in a manner warranting setting aside, and certified copies by a practising advocate and solicitor were 'duly certified' for s 38 AA purposes; accordingly the court allowed One Amerin's applications to recognize and enforce the Final Awards and refused Ragawang's challenge to the costs award because taxation of costs is within the arbitrator's discretion under…

    • Setting aside arbitral award
    • Recognition and enforcement of award
    • Natural justice (bias and right to be heard)
    • Limitation period for enforcement
    • Certification of documents
    • Arbitral costs

  • 30 May 2022

    ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

    Citation
    BA-24C(ARB)-12-11/2021 (Mahkamah Tinggi)
    Court
    ARB
    Case number
    BA-24C(ARB)-12-11/2021 (Mahkamah Tinggi)

    Court dismissed Ragawang's application to set aside the Final Award (Save as to Costs) and its challenge to the Addendum because the Arbitrator acted within the terms of submission, the contractual regime (PAM clauses) permitted the awards sought (including pre-award interest), the Arbitrator properly extended the award deadline under PAMAR, alleged breaches of natural justice were either unproven or immaterial to outcome, certifications by a practising advocate & solicitor were 'duly certified' and estoppel barred belated challenges; consequently applications by One Amerin to recognize and e…

    • Enforcement of arbitral award
    • Setting aside arbitral award
    • Natural justice (bias and right to be heard)
    • Jurisdictional challenges
    • Arbitrator's procedural powers
    • Costs of arbitration