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FEDERAL COURT PUTRAJAYA
JAN DE NUL (MALAYSIA) SDN BHD & ANOR – Appellant
Versus
VINCENT TAN CHEE YIOUN & ANOR – Respondent
| Table of Content |
|---|
| 1. the core issues around the appeals stem from the contractual obligations and decisions made by the arbitral tribunal. (Para 1 , 3 , 4 , 12) |
| 2. appeal context and parties involved. (Para 5 , 6 , 10) |
| 3. understanding the breach of natural justice in arbitration hinges on the adequacy of opportunities presented to the parties. (Para 15 , 16 , 18) |
| 4. details of the arbitral award and court process. (Para 17) |
| 5. arguments regarding public policy and natural justice. (Para 20 , 31 , 32) |
| 6. judicial intervention in arbitration is justified only under specific, high-threshold conditions. (Para 22 , 24) |
| 7. judicial discretion in arbitration cases. (Para 23) |
[1] The present appeal (Civil Appeal No: 02(f)-7-02-2018(W)) by the appellants, Jan De Nul (Malaysia) Sdn Bhd (JDN) and Jan De Nul Group (Sofidra SA) (Sofidra) is against the decision of the Court of Appeal dated 24 October 2017 dismissing their appeal relating to their application to set aside an arbitral award pursuant to s 37 of the Arbitration Act 2005 ( AA 2005).
[2] There is another related appeal ie Civil Appeal No: 2(f)-8-02-2018(W) where the appellants are Tan Sri Dato' Sri Vincent Tan Chee Yioun (Vincent Tan) and
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