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COURT OF APPEAL PUTRAJAYA
PETRONAS PENAPISAN (MELAKA) SDN BHD – Appellant
Versus
AHMANI SDN BHD – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction to review arbitration is governed by specific statutory provisions. (Para 1 , 2 , 3) |
| 2. intervention must be justified on grounds of substantial injustice arising from arbitral decisions. (Para 4 , 5 , 6) |
| 3. arbitral findings must emerge from submitted issues; failure to address leads to judicial intervention. (Para 7 , 8) |
| 4. judicial intervention standards require clear and exceptional circumstances for revising arbitral awards. (Para 10 , 11 , 12) |
| 5. final rulings must emphasize the preservation of arbitral autonomy against judicial interference. (Para 49) |
[1] We heard this appeal on 17 September 2015 and after hearing the respective parties, we reserved our decision to a date to be notified to the parties by the court. We now append our grounds for our decision today. This Grounds of Judgment has been seen by my learned sister YA Rohana Yusuf JCA who has agreed to the same. My learned brother YA Hamid Sultan Abu Backer JCA will deliver a separate judgment. We will refer to parties as they were described in the High court, ie appellant as the plaintiff and the respondent as the defendant.
Facts Germane To Be The Appea
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