28 Dec 2020
1. ) (BA-24C(ARB)-4-05/2020) LOW KOH HWA @ LOW KOK HWA (NRIC No.: 440923-10-5249) [practising as sole Chartered Architect at LOW & ASSOCIATES (Registered Architect No.: A/L 78)] 2. ) (BA-24C-87-09/2020) PERSATUAN KANAK-KANAK SPASTIK SELANGO
- Citation
- BA-24C(ARB)-4-05/2020 & BA-24C-87-09/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- BA-24C(ARB)-4-05/2020 & BA-24C-87-09/2020 (Mahkamah Tinggi)
The court set aside the arbitral award in its entirety because the arbitrator failed to make full and timely disclosure of a relationship with a material witness, breaching statutory disclosure duties under s14(1)-(2) AA and thereby infringing the rule of natural justice and independence as perceived by a fair‑minded and informed observer (real possibility/real danger of bias); additionally the award decided on an Overpayment and interest that were not within the submission to arbitration and severance under s37(3) was not practicable; in the exercise of discretion the court nullified the awa…