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COURT OF APPEAL PUTRAJAYA
ALAMI VEGETABLE OIL PRODUCTS SDN BHD – Appellant
Versus
HAFEEZ IQBAL OIL & GHEE INDUSTRIES – Respondent
| Table of Content |
|---|
| 1. nature of the appeal regarding arbitration awards. (Para 1) |
| 2. discussion on objections to arbitration awards through s 39. (Para 2 , 5 , 9 , 10) |
| 3. clarification of procedures distinguishing arbitration types. (Para 3 , 4 , 6 , 8 , 12 , 13) |
| 4. ruling on the necessity for s 39 applications. (Para 7 , 14) |
[1] The appellant/defendant appealed against the judgment of the learned High Court Judge in respect of an application by the respondent/plaintiff/ claimant for two arbitration awards issued in Malaysia, to be recognised and enforced as judgments, pursuant to s 38 of the Arbitration Act 2005 ( AA 2005). The award in question was related to s 3(3) of 2005 which states as follows:
"3. Application to arbitrations and awards in Malaysia
...
3) In respect of an international arbitration, where the seat of arbitration is in Malaysia:
(a) Parts I, II and IV of this Act shall apply; and
(b) Part III of this Act shall not apply unless the parties agree otherwise in writing."
[2] What is important to note in the instant case is that it is not permissible to argue issues relating to the award or merit of the award, etc under s 38 of AA 2005 as the
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