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HIGH COURT MALAYA KUALA LUMPUR
Q & M DENTAL GROUP (MALAYSIA) SDN BHD – Appellant
Versus
TYE CHEE WAH & ORS – Respondent
| Table of Content |
|---|
| 1. recognition and enforcement of arbitration awards. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the agreements and obligations. (Para 6 , 7 , 8 , 9 , 10) |
| 3. public policy arguments against enforcement. (Para 12 , 15 , 18 , 19) |
| 4. guiding principles for setting aside arbitration awards. (Para 13 , 14 , 21 , 28) |
Introduction
[1] On 14 October 2021, the Plaintiff, Q & M Dental Group (Malaysia) Sdn Bhd ("Q&M"), referred their disputes with the Defendants for arbitration ("Arbitration") to the Singapore International Arbitration Centre ("SIAC") and a final award was made by the Arbitrator in favour of Q&M on 21 June 2024 ("Final Award").
[2] Enclosure 1 is the Originating Summons (ex-parte) filed by the Plaintiff for the recognition and enforcement of the Final Award ("OS") which Court allowed on 27 August 2024 ordering that the Final Award be recognised as binding and a judgment be entered in terms of the Final Award ("Ex-Parte Order").
[3] Enclosure 10 is the Notice of Application filed by the 1st, 2nd and 4th Defendants to set aside the Ex-Parte Order ("Setting Aside Application") on the grounds that the Final Award is said to be in conflict with the public poli
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