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2020 MarsdenLR 948

HIGH COURT MALAYA KUALA LUMPUR
SJIC BINA SDN BHD – Appellant
Versus
ISKANDAR REGIONAL DEVELOPMENT AUTHORITY & ANOTHER CASE – Respondent


Petitioner Advocates:Mohanadass Kanagasabai,Syarihah Razman,Maizura Mohamed Amin ,Respondent Advocate: James P Monteiro,Dato' Dhanaraj Vasudevan,Vishal V Kumar

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] The dispute between the parties concerns the construction of one of the key projects under the Ninth Malaysia Plan ('RMK9') and part of the Iskandar Malaysia project, namely the 23 km Iskandar Coastal Highway which connects Iskandar Puteri in the west to Johor Bahru, Johor in the east.

[2] Two applications were heard together before the Court, namely:

(a) enclosure 1 in Originating Summons ('O.S.') No. WA-24C(ARB)- 49-11/2019 which was filed by Iskandar Regional Development Authority ('IRDA') on 8 October 2019 to set aside the Final Award dated 10 July 2019 ('Award') published by the late Mr Vinayak Pradhan as the sole arbitrator in an arbitration proceeding held in Kuala Lumpur between SJIC Bina Sdn Bhd ('SJIC Bina') as the claimant and IRDA as the respondent. Based on the intitulement in the O.S., IRDA's application is pursuant to paras 37(1)(a) and 37(1)(b) of the Arbitration Act 2005 ('') and Orders 7, 28, 69 and 92, r 4 of the Rules of 2012 ('') wherein the Award is said to be in conflict with the public policy of Malaysia and/ or is in breach of the rules on natural justice amounting to a conflict with the public policy of Malaysia. IR


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