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HIGH COURT MALAYA KUALA LUMPUR
MURRAY & ROBERTS AUSTRALIA PTY LTD – Appellant
Versus
EARTH SUPPORT COMPANY (SEA) SDN BHD – Respondent
| Table of Content |
|---|
| 1. discussion of arbitration awards and their enforcement. (Para 1 , 2 , 4 , 18) |
| 2. details of the parties involved and judicial background. (Para 3 , 7 , 10 , 17) |
| 3. arguments regarding the necessity of compliance and enforcement routes. (Para 19 , 21 , 23 , 31) |
| 4. announcement of findings related to jurisdiction disputes concerning arbitrators. (Para 60 , 63) |
| 5. final ruling and orders regarding enforcement of arbitral awards. (Para 76) |
Introduction
[1] This judgment discusses whether the plaintiff company (plaintiff) may apply to this court under s 38(1) of the Arbitration Act 2005 ( AA ) to recognise as binding and to enforce as a judgment against the defendant company (defendant), a total of four interim and final arbitral awards (Australian Arbitral Awards) by a sole Western Australian arbitrator, Mr Matthew Zilko SC (Australian Arbitrator).
[2] The peculiar feature of this case is that the defendant has not only failed to attend the arbitration proceedings before the Australian Arbitrator (Australian Arbitration Proceedings) but the defendant has also filed a suit in Kuala Lumpur High court NCC No 2 (NCC2 court), Civil Suit No: 24NCC(ARB)-8-0
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