Malaysia Case Law: Decisions & Judgments

Topic

Seat of arbitration

Legal area

Court

19 Oct 2023

JBC FOODS LIMITED 1. ) CHEONG TENG TENG 2. ) LIEW FUH HAO

Citation

CB-22NCC-1-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCC-1-05/2023 (Mahkamah Tinggi)

The court held that the parties' clear agreement to arbitrate in Hong Kong and to apply Hong Kong rules and law makes Hong Kong the juridical seat; consequently supervisory jurisdiction lies with the courts at that seat and the Malaysian High Court at Temerloh lacks jurisdiction to adjudicate the substantive arbitration matter and must respect the parties' agreed seat by staying proceedings and referring the dispute to arbitration in Hong Kong.
15 Jul 2022

1. ) Hew Choong Jeng 2. ) Eng Chip Jin 3. ) Lai Suen Sen 4. ) Kwan Hep Chuen 5. ) Lee Chee Herng Kok Low Kau

Citation

BA-12ANCC-7-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCC-7-02/2022 (Mahkamah Tinggi)

The appeal was allowed and a stay pending arbitration was granted because the plaintiff failed to discharge the onus of proving the arbitration clause was null, void or inoperative; the clause covers the dispute and under the Arbitration Act 2005 the absence of an express seat or procedural rules does not invalidate an arbitration agreement as the tribunal may determine seat and procedure.
11 Feb 2022

HINDUSTAN OIL EXPLORATION COMPANY LIMITED HARDY EXPLORATION & PRODUCTION (INDIA) INC

Citation

WA-24NCC(ARB)-25-09/2020 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-25-09/2020 (Mahkamah Tinggi)

The originating summons was dismissed because the challenged matters were within the scope of the tribunal's mandate and submitted issues; the tribunal lawfully determined the seat to be Kuala Lumpur making limitation a procedural lex arbitri matter governed by Malaysian law; errors in contractual interpretation or application of law are not independent grounds to set aside under s.37 AA2005; the plaintiff waived or is estopped from belatedly raising objections it did not raise before the tribunal; the high threshold for public policy and breach of natural justice was not met and the court wi…
3 Sept 2021

MASENANG SDN.BHD SABANILAM ENTERPROSE SDN.BHD

Citation

NO:02(i)-20-03/2020(S) (Mahkamah Persekutuan)
Court

i
Case number

NO:02(i)-20-03/2020(S) (Mahkamah Persekutuan)

The Arbitration Act 2005 applies the juridical seat doctrine to domestic arbitrations; the specific seat (here Kuala Lumpur) determines which High Court has exclusive supervisory jurisdiction over regulation, registration, enforcement and setting aside of the award; consequently the Kota Kinabalu High Court order purporting to set aside and remit parts of the award was void and the Kuala Lumpur seat court's registration prevails.
22 Mar 2019

SABANILAM ENTERPRISE SDN BHD MASENANG SDN BHD

Citation

S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

S-02(NCvC)(A)-693-03/2018 (Mahkamah Rayuan)

In a domestic arbitration governed by the Arbitration Act 2005 the curial law is uniform throughout Malaysia; the juridical concept of seat/venue is irrelevant to oust concurrent supervisory jurisdiction of the High Court in Sabah and Sarawak where a statutory limb under section 23 CJA is satisfied; accordingly the Kota Kinabalu High Court had jurisdiction to hear the originating summons to set aside the award and the High Court's striking out for lack of jurisdiction was wrong.

Malaysia Case Law

JBC FOODS LIMITED 1. ) CHEONG TENG TENG 2. ) LIEW FUH HAO

1. ) Hew Choong Jeng 2. ) Eng Chip Jin 3. ) Lai Suen Sen 4. ) Kwan Hep Chuen 5. ) Lee Chee Herng Kok Low Kau

HINDUSTAN OIL EXPLORATION COMPANY LIMITED HARDY EXPLORATION & PRODUCTION (INDIA) INC

MASENANG SDN.BHD SABANILAM ENTERPROSE SDN.BHD

SABANILAM ENTERPRISE SDN BHD MASENANG SDN BHD