17 Nov 2023
TUMPUAN MEGAH DEVELOPMENT SDN BHD 1. ) ING BANK N.V. 2. ) O.W. BUNKER FAR EAST (SINGAPORE) PTE LTD
- Citation
- W-02(IM)-66-01/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)-66-01/2022 (Mahkamah Rayuan)
Where a registering High Court is faced with bona fide, particularised allegations that an arbitral tribunal lacked jurisdiction because the arbitration agreement was never formed (including allegations of fraud), the registering court must inquire independently and may order a de novo hearing with oral and expert evidence; the High Court below erred in refusing such a trial and in relying on comity/res judicata to bar the passive remedy; appeal allowed and order for trial under O.67 r.9(2) ROC granted.