9 Aug 2019
KRIS HEAVY ENGINEERING & CONSTRUCTION SDN BHD EP ENGINEERING SDN BHD
- Citation
- WA-24C(ARB)-7-02/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-7-02/2019 (Mahkamah Tinggi)
The Court found the Reasoned Decision constituted an "award" within s2 AA2005 but the plaintiff failed to prove a breach of natural justice or conflict with Malaysia's public policy under s37(1)(b)(ii)/s37(2)(b)(ii); the arbitrator correctly concluded he was functus officio as to claims other than costs and had no jurisdiction to make an additional award post-Partial Award under the 1952 Act; remittal or court-ordered pre-award interest was unwarranted given the statutory limits on court intervention and the plaintiff's failure to meet the required threshold.