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HIGH COURT MALAYA KUALA LUMPUR
NR RUBBER INDUSTRIES SDN BHD – Appellant
Versus
SRITONG RUBBER LATEX COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. the binding nature of the arbitration award relies on the existence of a valid arbitration agreement. (Para 1 , 12 , 25) |
| 2. appeal concerns enforcement of an international arbitration award. (Para 9 , 10) |
| 3. arguments regarding the validity of the arbitration agreement. (Para 13 , 14 , 15) |
| 4. lack of evidence for an arbitration agreement invalidates the enforcement of the arbitration award. (Para 35 , 41 , 50) |
| 5. court determines absence of a valid arbitration agreement impacts enforcement. (Para 36) |
Introduction
[1] This is an appeal against my decision allowing the defendant's application (encl 10) which sought, amongst others, for declaratory relief and setting aside the ex parte order dated 23 July 2015 (Ex-parte Order) made under s 38 of the Arbitration Act 2005 (the AA 2005) and O 69 of the Rules of 2012 (ROC 2012).
[2] The Ex-parte Order provides, amongst others, the following order:
(a) the Arbitration Award No 2/2014 dated 29 April 2014 made by Ng Kok Tee, Freddy Lee Thin Pin and Teo Soon Huat (Arbitration Award), the Arbitrators appointed pursuant to Rule 6, Part C of the Malaysian Rubber Exchange Bye-Law of the Malaysian Rubber Exchange (
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