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2017 MarsdenLR 2884

FEDERAL COURT PUTRAJAYA
THAI-LAO LIGNITE CO LTD & ANOR – Appellant
Versus
GOVERNMENT OF THE LAO PEOPLES DEMOCRATIC REPUBLIC – Respondent


Petitioner Advocates:Lim Chee Wee,Sharon Chong Tze Ying,Kwan Will Sen,Nimalan Devaraja ,Respondent Advocate: Cyrus Das,Lam Ko Luen,Lee Lyn-Ni,Nina Lai

Table of Content
1. the facts leading to the appeal against the arbitral award are established. (Para 1 , 2 , 3 , 4 , 5)
2. the legal arguments regarding jurisdiction and standing in arbitration are delineated. (Para 6 , 7 , 8 , 9 , 10 , 11)
3. the court's observations clarify jurisdictional challenges in arbitration. (Para 12 , 14 , 15 , 16 , 35 , 36)
4. the ratio decidendi revolves around jurisdictional authority and limits of arbitration. (Para 40 , 41 , 43 , 50)

[1] This is an appeal against the setting aside, by the High Court, of an international arbitral award (award) of US56.21m obtained by the appellants (hereinafter referred to as appellants). The appellants appealed but were unsuccessful at the Court of Appeal. The appellants applied and were granted leave to raise the following questions of law before this Court:

(i) Where the governing law of the contract is foreign law and the seat of arbitration (seat) is Malaysia, does the parties stipulation of Malaysia as the seat constitute an express agreement that the law governing the arbitration agreement is Malaysian law?

(ii) Whether a party to an arbitration can properly obtain an order to set aside the award on the ground that t

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