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HIGH COURT MALAYA KUALA LUMPUR
KONSORTIUM LORD-SABERKAT SDN BHD – Appellant
Versus
RP CHEMICALS (MALAYSIA) SDN BHD – Respondent
| Table of Content |
|---|
| 1. the court's role is to ensure fairness in arbitration proceedings. (Para 1 , 2 , 3) |
| 2. establishes the facts of the contractual relationship and basis of the arbitration. (Para 4 , 5 , 6 , 12 , 21) |
| 3. parties must adhere to contractual obligations during arbitration. (Para 13) |
| 4. claims for damages must be substantiated with evidence. (Para 19 , 20) |
[1] The Plaintiff filed Originating Summon WA-24NCC(ARB)-39-12/2016 (OS 39) in this court seeking, inter-alia, for the final award made and published on 3 November 2016 (Final Award) by the arbitrator Mr Ragunath Kesavan (Arbitrator) to be varied and/or set aside pursuant to ss 37 and 42 of the Arbitration Act 2005 ( AA 2005).
[2] Subsequently the Plaintiff filed another Originating Summons WA-24NCC(ARB)-8-02/2017 (OS 8) in another court for the Final Award to be set aside pursuant solely to s 37 of the AA 2005. By an order dated 15 March 2017 the court ordered for OS 8 to be heard together with OS 39.
[3] After considering the affidavits and hearing submission from both parties I dismissed the Plaintiff's OS 39 and OS 8. In this grounds of judgment I will first discuss the Plaintiff's OS 39 followed by the Plaintiff'
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