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2020 MarsdenLR 919

FEDERAL COURT PUTRAJAYA
PANCARAN PRIMA SDN BHD – Appellant
Versus
ISWARABENA SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Robert Lazar,Felix Dorairaj,Annette Rachel Edwin ,Respondent Advocate: Nitin Nadkarni,Foo Joon Liang,Crystal Wong Wai Chin,Lee Xin Div,Lee Zhe Ying,Teh Wai Fung

JUDGMENT

Abdul Rahman Sebli FCJ:

[1] There were two appeals before us, namely Civil Appeal No: 02(f)-26-03- 2019(W) ("Appeal 26") and Civil Appeal No: 02(f)-27-03-2019(W) ("Appeal 27"). Both appeals arose from the same dispute between the parties which was arbitrated upon. The position taken by the appellant at the commencement of the hearing before us was that our decision on Appeal 26 will determine the outcome of Appeal 27, whichever way Appeal 26 goes.

[2] Appeal 26 relates to the setting aside of the arbitration award whilst Appeal 27 is against the refusal by the High Court to register the award as a judgment. Having heard arguments by both parties, both written and oral, we reserved judgment to a date to be fixed. We have now reached a unanimous decision and this is our judgment.

[3] The appellant had been granted leave to appeal on the following five questions of law, namely:

(1) "Whether the threshold requirement stipulated by s 37 of the Arbitration Act 2005 to set aside an award as very low as set out in the cases of Petronas Penapisan (Melaka) Sdn Bhd v. Ahmani Sdn Bhd, 2016 MarsdenLR 1312 and Sigur Ros Sdn Bhd v. Master Mulia ; 2018 MarsdenLR 858 ; is indeed the correct

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