COURT OF APPEAL PUTRAJAYA
KASUGI PRIMA SDN BHD – Appellant
Versus
COBRAIN HOLDINGS SDN BHD & ANOTHER APPEAL – Respondent
JUDGMENT
A. Introduction
[1] The two Appeals before us are appeals by the Appellant against the High Court 's decision dismissing the Appellant's Originating Summon to set aside an Arbitration Award ("Appeal 1147") on the supposed ground of procedural impropriety in primary reliance of s 21(3)(b) of the Arbitration Act 2005 (" AA ") while at the same time allowing the Respondent's Application to recognise and enforce the same Arbitration Award ("Appeal 1146").
[2] Of course, like many disputations against an Arbitration Award, this supposed procedural impropriety was couched less as a dispute on merits but more so as a breach of natural justice of which the Appellant seeks to persuade the Court to set aside the Arbitration Award under ss 37(1)(b)(ii) and 37(2)(b) of the AA .
[3] Nevertheless, it was plain to us to see that the underlying dissatisfaction of the Appellant was in truth against the merits and substance of the Arbitration Award. The Appellant was in fact dissatisfied with the Arbitrator's finding that time was at large (and only later at the Appeal stage, the Appellant had contended against the Arbitrator's determination on merit and on the issue of qu
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.