3 Jul 2024
SETIAKON BUILDERS SDN BHD BELLWORTH DEVELOPMENTS SDN BHD
- Citation
- WA-24C(ARB)-35-08/2023 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-35-08/2023 (Mahkamah Tinggi)
Bellworth failed to establish on the balance of probabilities any s37 ground that justified setting aside the Award: the one-day delay in submitting the draft award under AIAC Rule 12(2) did not warrant invalidation of the Tribunal's jurisdiction or setting aside, the CNC issue was pleaded and within the Tribunal's remit (not a 'new difference'), there was no material breach of natural justice or public policy, and remission under s37(6) was inappropriate because Bellworth did not timely request remission in its originating summons. Consequently the setting aside application was dismissed and…
- Setting aside arbitral award (s37 aa 2005)
- Enforcement of award (s38 aa 2005)
- Aiac rules rule 12 technical review and time computation
- Remission to tribunal (s37(6) aa 2005)
- Natural justice/public policy
- Computation of time