AJWA FOR FOOD INDUSTRIES CO (MIGOP) EGYPT vs PACIFIC INTER-LINK SDN BHD & ANOTHER APPEAL

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2011 MarsdenLR 3671

COURT OF APPEAL, PUTRAJAYA
AJWA FOR FOOD INDUSTRIES CO (MIGOP) EGYPT – Appellant
Versus
PACIFIC INTER-LINK SDN BHD & ANOTHER APPEAL – Respondent
[Civil Appeals No: W-02(NCC)-90-2011 & W-02(NCC)-130-2011]

Important Points

Arbitration agreements can exist without mutual signatures, as long as they are referenced in written documents; any challenge to arbitral awards must demonstrate jurisdictional grounds and evidence of significant procedural improprieties.

Subject

Arbitration - Enforcement of Arbitral Awards

Act Referred

Arbitration Act 2005: S.9, S.37, S.42
Contracts Act 1950: S.74

Headnote

(A) Arbitration Act 2005 - Sections 9, 37, and 42 - Jurisdiction of Arbitration Tribunal - Appellant's appeals against dismissal of applications to set aside Arbitration Tribunal awards amounting to USD1,374,200 and USD2,261,100 - Appellant claims no agreement to arbitrate existed - Court affirms existence of arbitration agreement based on sales contracts and standard terms - The court emphasized that arbitration agreements may exist in written form without requiring a signature by both parties. The evidence supported the tribunal's finding of a binding arbitration agreement and concluded that the appellant had sufficient knowledge of the terms. (Paras 9, 12, 18, and 44)

(B) Award Enforcement - Arbitration awards are final and can only be challenged in exceptional circumstances, mainly focusing on jurisdiction and evidence presented. The tribunal's decision detailed adherence to defined arbitration practices and standards in granting damages based on prevailing market conditions. (Paras 13, 41, and 44)

[1] There are two appeals filed before us by the same appellant against the same respondent. As agreed by the parties these two appeals are to be heard together. The parties had also agreed that the decision in the first appeal will bind the second appeal.

[2] The first appeal (W-02(NCC)-90-2011) is against the decision of the learned High Court Judge dated 6 December 2010 dismissing the appellant's application by way of an Originating Summons to set aside or amend the Arbitration Tribunal Award made on 13 April 2010 for a sum of USD1,374,200. 00 with costs of RM5,000 in favour of the respondent. The second appeal (W-02(NCC)-130-2011) is against the decision of the same High Court Judge made on the same date 6 December 2010 dismissing the appellant's another application to set aside or amend another Arbitration Tribunal Award made on 13 April 2010 for a sum of USD2,261,100. 00 with costs of RM5,000, also in favour of the respondent.