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HIGH COURT MALAYA KUALA LUMPUR
WOLFGANG LEONHARD SCHULZ & ORS – Appellant
Versus
SAPURA-SCHULZ HYDROFORMING SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. application to set aside the registration of an arbitral award. (Para 1 , 5 , 12 , 19) |
| 2. application to register an arbitral award and its binding nature. (Para 10) |
| 3. arguments against the enforceability based on public policy. (Para 13) |
| 4. rights to enforce an arbitral award despite non-taxation of costs. (Para 14 , 37) |
| 5. assessment of binding nature of arbitral awards. (Para 15 , 16 , 18 , 20) |
| 6. legal grounding for costs recovery independent of their taxation. (Para 21) |
| 7. distinguishing case law relevance to current application. (Para 22 , 24 , 25 , 33) |
[1] This is an application by the Respondent to set aside the registration of the Final Award handed down by the arbitral tribunal on 31 July 2012 and registered in the Singapore International Arbitration Centre ("SIAC") Registry of Awards as Award No. 68 of 2012 as a judgment or order of the High Court of Malaya and part thereof.I have dismissed the application.These are the full reasons for my decision.
Salient Background Facts
[2] A dispute arose between the Applicants and the Respondents which led to 2 arbitrations being initiated in the SIAC.
[3] The arbitrations were held in Singapore under the purview of the S
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