COURT OF APPEAL PUTRAJAYA
JACOB AND TORALF CONSULTING SDN BHD & ORS – Appellant
Versus
SIEMENS INDUSTRY SOFTWARE GMBH & CO KG (GERMANY); TORAL.... – Respondent
[1] This is an appeal from the order of the High Court at Kuala Lumpur dated 26 May 2017. The High Court had made an order on the appellants motion pursuant to s 38 of the Arbitration Act 2005 (" AA 2005") and O 69 Rules of 2012 ("ROC 2012") to register only the dispositive portion of the Arbitration Award dated 8 May 2015 ("the Award") and declined to register the Award as a whole.
[2] Aggrieved with the decision not to register the Award as a whole, the appellants filed this appeal. The appeal was heard on 8 March 2018. After hearing the parties and taking into consideration the written submissions, we allowed the appeal and set aside the order of the High Court. Our reasons for doing so now follow.
The Background
[3] The background facts are well set out in the judgment of the learned Judicial Commissioner ("JC") and in the submissions of the parties. The 1st and 4th appellants are companies incorporated in Malaysia. The 2nd and 3rd appellants are Malaysian citizens and directors of the 1st and the 4th appellants. The respondent is a company incorporated under the laws of Germany with a last known business address in Germany. It does not have any business presence in Malaysia.
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