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2025 MarsdenLR 2975

COURT OF APPEAL PUTRAJAYA
KASUGI PRIMA SDN BHD – Appellant
Versus
COBRAIN HOLDINGS SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Rajashree Suppiah,Kuan Kai Tat,Amira Nur Nadia Azhar ,Respondent Advocate: Anilraj Verdamanickam,Tay Por Hai

JUDGMENT

Azimah Omar JCA:

A. Introduction

[1] The two Appeals before us are appeals by the Appellant against the High Court's decision dismissing the Appellant's Originating Summons to set aside an Arbitration Award ("Appeal 1147") on the supposed ground of procedural impropriety in primary reliance on s 21(3)(b) of the Arbitration Act 2005 (" AA ") while at the same time allowing the Respondent's Application to recognise and enforce the same Arbitration Award ("Appeal 1146").

[2] Of course, like many disputations against an Arbitration Award, this supposed procedural impropriety was couched less as a dispute on merits but more so as a breach of natural justice of which the Appellant seeks to persuade the Court to set aside the Arbitration Award under ss 37(1)(b)(ii) and 37(2)(b) of the AA .

[3] Nevertheless, it was plain to us to see that the underlying dissatisfaction of the Appellant was, in truth, against the merits and substance of the Arbitration Award. The Appellant was in fact dissatisfied with the Arbitrator's finding that time was at large (and only later, at the Appeal stage, the Appellant had contended against the Arbitrator's determination on merit and on the issue of

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