PANCARAN PRIMA SDN BHD v ISWARABENA SDN BHD

02f-26-03-2019w Federal Court (Mahkamah Persekutuan) 26 August 2020 • 02(f)-26-03/2019(W)

Catchwords

Arbitration - Setting aside - Termination of subcontract - Dispute referred to arbitration - Arbitrator, an engineer knowledgeable in construction industry - Arbitrator ruled that the termination was unlawful and ordered payment of costs for completed work and loss of profit - Whether the threshold to set aside an arbitration award under section 37 of the Arbitration Act 2005 is ‘very low’ - Whether the said arbitrator could rely on own knowledge and expertise arriving at the decision - Whether the arbitrator upon relying to his own knowledge and expertise breached the natural justice within the meaning of section 37(1)(b)(ii) read together with subsection 2(b) of the Arbitration Act 2005 - Whether the precept of breach to natural justice extends to the Arbitrator applying his own knowledge and expertise

Practice Areas

Arbitration Administrative Law

Judges (5)

Abdul Rahman bin Sebli Coram Badariah binti Sahamid Coram Mohd Zawawi bin Salleh Delivered Vernon Ong Lam Kiat Coram Zaleha binti Yusof Coram

Parties (2)

ISWARABENA Sdn Bhd Respondent PANCARAN PRIMA Sdn Bhd Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-26-03-2019w)