Mohd Arief Emran Arifin J:

GROUNDS OF JUDGMENT

(APPLICATION TO SET ASIDE ARBITRATION AWARD)

(SECTION 37)

(ARBITRATION ACT 2005) (HEARD TOGETHER WITH ORIGINATING SUMMONS NO.: WA-24NCC(ARB)-17-06/2025)

(APPLICATION TO REGISTER ARBITRATION AWARD)

(SECTION 38)

(ARBITRATION ACT 2005)

A. Introduction

[1]The Plaintiff, Perdana Specialist Hospital Sdn Bhd, seeks to set aside the Arbitration Award under section 37 of the Arbitration Actsection 42 of the Arbitration Act

[2]After considering the issues put forward by the Plaintiff and the Defendant, I find that this is not a suitable case for this Court to exercise its powers to set aside the said Arbitration Award made on 21-8-2024. I do not find that the grounds set forth by the Plaintiff shows any breach of natural justice. I further find that the decision of the arbitrator was made in accordance with the terms of the agreement to arbitrate and within the scope of arbitration. The arbitrator had correctly applied his minds to what was pleaded by the parties, the evidence produced at trial and the submissions of counsels during the arbitration proceedings.

[3]I therefore do not find any procedural errors and I do not find that the Plaintiff’s rights to a fair hearing in accordance with the principles of natural justice has been breached.

[4]In addition to the above, I also do not find that the Award dated 21-8-2024 is wrong and repugnant against the public policy of Malaysia and do not find that there are any parts of the Award that should be interfered with by this court. The same grounds have been relied on by the Plaintiff in the Originating Summons No: WA-24NCC(ARB)-17-06/2025 to resist the registration of the said Award. This Originating Summons is the Defendant’s application under section 38 of the Arbitration Act

[5]I also find that section 42 of the Arbitration Act

B. Applicable Law on Setting Aside Arbitration Award under section 37 of the Arbitration Act or non-recognition of Award under Section 39 of the Arbitration Act

[6]I reproduce section 37 and section 39 of the Arbitration Act

Section 37 of the Arbitration Act

(1)An award may be set aside by the High Court only if-

(a)The party making the application provides proof that-

(i)a party to the arbitration agreement was under any incapacity;

(ii)the arbitration agreement is not valid under the law to which the parties have subjected it, or, failing any indication thereon, under the laws of Malaysia;

(iii)the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present that party’s case;

(iv)the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration;

(v)subject to subsection (3), the award contains decisions on matters beyond the scope of the submission to arbitration; or

(vi)the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Act; or

(b)The High Court finds that-

(i)the subject-matter of the dispute is not capable of settlement by arbitration under the laws of Malaysia; or

(ii)the award is in conflict with the public policy of Malaysia.

(2)Without limiting the generality of subparagraph (1)(b)(ii), an award is in conflict with the public policy of Malaysia where-

(a)the making of the award was induced or affected by fraud or corruption; or

(b)a breach of the rules of natural justice occurred-

(i)during the arbitral proceedings; or

(ii)in connection with the making of the award.

(3)Where the decision on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside.

(4)An application for setting aside may not be made after the expiry of ninety days