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2025 MarsdenLR 4246

HIGH COURT MALAYA KUALA LUMPUR
SUNGAI LUI CONSTRUCTION & DEVELOPMENT SDN BHD – Appellant
Versus
PEMBINAAN JAYA ZIRA SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Irwin Lo ,Respondent Advocate: Sanjay Mohan,Siew Suet Mey,Muhammad Naazraj

JUDGMENT

(Enclosure 1)

Nadzarin Wok Nordin J:

[1] In Originating Summons No. WA-24C(ARB)-37-06/2024 (OS 37) Sungai Lui Construction Sdn Bhd ("SLC") had applied to enforce the Award dated 31 May 2024 ("Award") in its favour pursuant to inter alia s 38 of the Arbitration Act 2005.

[2] Whereas in Originating Summons No. WA-24C(ARB)-57-08/2024 (OS 57), Pembinaan Jaya Zira Sdn Bhd ("PJZ") had sought to set aside the Award on various grounds of which are as follows:

2.1 the Letter of Award/ Total Sub Contract is in conflict with the public policy of Malaysia as it is tainted with illegality;

2.2 the Arbitrator has breached the rules of natural justice when the Arbitrator failed to take into account the relevant and pertinent facts in determining the existence of the Addendum;

2.3 the Award is in conflict with the public policy of Malaysia as its sets a dangerous precedent in relation to the issue of termination;

2.4 the Award is in conflict with the public policy of Malaysia as the Arbitrator's findings in respect of Category 1 and Category 2 claims are against the fundamental principles of law and justice.

Brief Background Facts

[3] Pursuant a Letter of Award dated 18 July 2019, SLC was appointed


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