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2025 MarsdenLR 494105

HIGH COURT (KUALA LUMPUR)
MOHD ARIEF EMRAN ARIFIN, J
Perdana Specialist Hospital Sdn Bhd – Appellant
Versus
Akiran Services Sdn Bhd – Respondent


Advocates:
Mohd Shahrysham (with Fatin Adriana) (Amar Syiimir Izzat & Sham) for the plaintiff.
Noor Alia Qistina (Alami & Partners) for the defendant.

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 t

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