30 Aug 2022
MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD KEBABANGAN PETROLEUM OPERATING COMPANY SDN BHD
- Citation
- WA-24C(ARB)-52-09/2021 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-52-09/2021 (Mahkamah Tinggi)
The Setting Aside Application was allowed and the Award set aside in full because the tribunal committed serious breaches of natural justice and procedure by failing to consider and make findings on material issues (the detailed quantification of Claim 1 in the face of divergent expert evidence, the burden questions including waiver/acquiescence/estoppel, and mitigation) and by failing to give a reasoned award on Claim 1 as required by the parties' agreed procedure; those omissions materially impacted the outcome and thus rendered the Award in conflict with Malaysian public policy and inconsi…