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COURT OF APPEAL PUTRAJAYA
TUNE GROUP SDN BHD & ORS – Appellant
Versus
PADDA GURTAJ SINGH AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. dispute arose from shareholder agreement. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. tg & others challenge arbitration jurisdiction. (Para 12 , 13) |
| 3. court's discretion in setting aside awards. (Para 14 , 19 , 21 , 22) |
| 4. arbitrator's jurisdiction limitations. (Para 18 , 28 , 29 , 30) |
| 5. appeals dismissed with costs. (Para 46) |
Introduction
[1] These appeals are against the High Court's enforcement of an arbitration award in respect of a dispute that arose from a shareholder agreement as well as the High Court's refusal to set aside the arbitration award.
[2] The parties will hereinafter be addressed as TG & Others and PGS respectively.
Background
[3] TG & Ors and PGS are shareholders of the company Tune Talk Sdn Bhd ("Company") by virtue of a shareholder agreement dated 23 December 2008 ("Agreement"). The Agreement contained an arbitration clause that reads as follows:
"16.1 If any controversy, claim or dispute arises out of or in relation to this Agreement (including any question regarding its existence, validity or termination) or with respect to any breach thereof, the Parties shall seek to resolve the matter amicably through discussions betwee
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