SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 MarsdenLR 2586

FEDERAL COURT PUTRAJAYA
MASTER MULIA SDN BHD – Appellant
Versus
SIGUR ROS SDN BHD – Respondent


Petitioner Advocates:Cyrus Das,Gan Khong Aik,Lee Sze Ching ,Respondent Advocate: Malik Imtiaz,Surendra Ananth,Wong Ming Yen

JUDGMENT

Vernon Ong FCJ:

Introduction

[1] The questions of law for which leave was granted concerns the interpretation of s 37 of the Arbitration Act 2005 ( AA 2005). Essentially, it relates to the question of: (i) whether the High Court is bound to set aside an arbitration award as a matter of course where a complaint of breach of the rules of natural justice is established; and (ii) whether the High Court is bound to set aside the whole award where the complaint in respect of only one of three principal issues before the arbitrator is made out. For the purposes of this appeal, it is necessary to appreciate the salient background facts.

Background Facts

[2] Pursuant to a Charter Party Agreement (CPA), Master Mulia (appellant) hired out its vessel to Sigur Ros (respondent) for undersea pipelines installation works in the high seas. Installed on the vessel was a pipeline installation arm called a Stinger Hitch which was essential to the works. Under the CPA, the respondent was to redeliver the vessel on or before the expiry of the charter period on 26 January 2013; in default thereof, the respondent was liable to pay a certain daily sum until the redelivery. As the Stinger Hitch was

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top