Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Variation orders and remeasurement

Legal area

Court

28 Feb 2024

SIME DARBY ENERGY SOLUTIONS SDN BHD Jabatan Insolvensi Malaysia

Citation

BA-24C(ARB)-7-06/2023 (Mahkamah Tinggi)
Court

ARB
Case number

BA-24C(ARB)-7-06/2023 (Mahkamah Tinggi)

The High Court dismissed SDES's application to set aside the Award and allowed enforcement: the arbitrator acted within her jurisdiction, applied the contract terms and relevant authorities, did not breach natural justice nor offend Malaysian public policy, and was entitled to decline to imply a contractor's right to apply for EOT absent an express contractual provision; the Award is final and enforceable.
29 Nov 2019

TSR BINA SDN BHD HIFORM (M) SDN BHD

Citation

WA-24C-107-06/2019 & WA-24C-115-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-107-06/2019 & WA-24C-115-07/2019 (Mahkamah Tinggi)

The High Court found the adjudicator did not commit material breaches of natural justice nor act beyond her CIPAA jurisdiction: she heard parties, considered remeasurement evidence, gave reasons for preferring the Payment Claim figure, addressed variation orders and time issues as consequential to TSR’s LAD defence, and was entitled to consider time at large. TSR’s new complaints were largely afterthoughts not raised at adjudication. There were no clear and unequivocal errors warranting a stay; enforcement under s28 CIPAA was therefore granted and the setting aside and stay applications dismi…