HIGH COURT MALAYA GEORGETOWN
FOSHAN CITY SHUNDE DISTRICT BONKE KITCHEN & SANITARY INDUSTRIAL CO LTD – Appellant
Versus
LIM KIAN AIK – Respondent
| Table of Content |
|---|
| 1. recognition and enforcement procedure for arbitration awards. (Para 1 , 3 , 9) |
| 2. parties' arguments regarding compliance with arbitration law. (Para 11 , 12 , 19) |
| 3. court's observations on affidavit procedures. (Para 17 , 21 , 31) |
| 4. mandatory requirements under section 38 of the arbitration act. (Para 24 , 38 , 41) |
| 5. court's conclusion to set aside the order. (Para 44 , 46) |
Introduction
[1] The parties had in 2014 executed a Joint Venture Agreement and a Share Transfer Agreement dated 29 April 2014 with an express provision that any disputes thereunder will be dealt with via arbitration in China in accordance with the laws of China. Disputes then arose, which were referred to arbitration, which led to an arbitration Award dated 30 June 2016 handed down in favour of the Applicant herein with the Respondent being ordered to make payments to the Applicant (hereinafter referred to as "the said arbitration Award").
[2] For the purposes of this application and judgment, the factual matrix of the dispute between the parties is immaterial.
[3] Relying then on s 38 of the Arbitration Act 2005 as well as O 69 r 8 of the Rules of Court 2012, the Applicant fi
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