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HIGH COURT MALAYA KUALA LUMPUR
AMDAC (M) SDN BHD – Appellant
Versus
BYD AUTO INDUSTRY COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. arbitration procedure follows klrca rules; failure to pay arbitral fees can result in termination. (Para 1 , 2 , 3 , 4) |
| 2. entitlements for payment depend on agreement clauses and delivery of obligations are upheld. (Para 5 , 23 , 24 , 37) |
| 3. claims submitted for payment must adhere to contractual obligations; disputes on payments must be resolved through arbitration. (Para 10 , 12 , 18 , 19 , 54) |
| 4. matters of jurisdiction and entitlement are for the arbitrator to determine; procedural fairness must be ensured. (Para 26 , 153 , 201) |
| 5. allegations of natural justice violations must be substantiated with clear evidence of harm. (Para 38 , 45 , 48) |
| 6. any assignment must maintain the primary obligations unless explicitly stated otherwise. (Para 55 , 57 , 63) |
[1] Originating Summons No. WA-24NCC (ARB)-39-09-2018 dated 27 September 2018 (encl. 1) ("OS39") is an application by AMDAC (M) Sdn Bhd ("AMDAC") pursuant to ss 37 and 42 of the Arbitration Act 2005 ("the Act") to set aside the final arbitration award ("the award") of the learned arbitrator Dato' Azmi Mohd Ali ("the arbitrator"). The award is dated 18 July 2018 and was published on 20 August 2018. The defendant in
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