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2018 MarsdenLR 2167

FEDERAL COURT PUTRAJAYA
JAN DE NUL (MALAYSIA) SDN BHD & ANOR – Appellant
Versus
VINCENT TAN CHEE YIOUN & ANOR – Respondent


Petitioner Advocates:Rajendra Navaratnam,Raja Kumar,Raja Kandan,Mak Hon Pan ,Respondent Advocate: Kamraj Nayagan,Kent Chai,Dawn Wong

[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 Central Malaysian Properties Sdn Bhd (CMP).

[3] Both the appeals were heard together, but we will prepare separate judgment for each of them. The present judgment is only in respect of Civil Appeal No: 02(f)-7-02-2018(W) in relation to the setting-aside application under s 37 of the AA 2005 by JDN and Sofidra.

The Parties

[4] JDN, at all material time, was a private company limited by share, incorporated in Malaysia; and Sofidra, was the ultimate holding company of JDN, incorporated in Luxembourg.

[5] CMP, at all material time, was a private company limited by share, incorporated in Malaysia; and Vincent Tan, was a substantial shareholder having a controlling st

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