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2017 MarsdenLR 657

HIGH COURT MALAYA KUALA LUMPUR
NR RUBBER INDUSTRIES SDN BHD – Appellant
Versus
SRITONG RUBBER LATEX COMPANY LIMITED – Respondent


Petitioner Advocates:Tan Hui Xian,Muhammad Azraai ,Respondent Advocate: Ooi Huey Miin

Khadijah Idris JC:

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 (MRE) Arbitration Rules, in an Arbitration between the plaintiff and the defendant, be recognised as binding and be enforced against the defendant by entry as a judgment of the High Court in terms of the Arbitration Award;

(b) judgment be entered in favour of the plaintiff against the defendant in terms of the Arbitration Award; and

(c) leave be granted to the plaintiff to issue a Notice of Order to be Served Out of Jurisdiction and to serve the Notice of Order to be Served Out of Jurisdiction together with the sealed

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