ONE AMERIN RESIDENCE SDN BHD v RAGAWANG CORPORATION SDN BHD
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Case Significance
ONE AMERIN RESIDENCE SDN BHD v RAGAWANG CORPORATION SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated September 3, 2025 (citation: b-02ca-2128-12-2023). <p>One Amerin Residence appealed the Judicial Commissioner's decision to set aside portions of an arbitral award in a construction dispute over a final account and retention sum with Ragawang Corporation. The Court of Appeal dismissed the appeal, finding that the arbitrator had breached natural justice and that res judicata issues from a prior affirmed arbitral award were properly considered. However, the Court varied the JC's decision regarding the scope of remaining claims Ragawang may pursue The panel comprised Ahmad Zaidi bin Ibrahim, Azimah binti Omar and Utama Wan Ahmad Farid bin Wan Salleh, with Azimah binti Omar delivering the judgment. Counsel appearing: Andy Gan Kok Jin (counsel for appellant), Rosamirah Insyirah Binti Zamri (counsel for respondent), Steven Seah Shu Keen (counsel for respondent).
Summary
One Amerin Residence appealed the Judicial Commissioner's decision to set aside portions of an arbitral award in a construction dispute over a final account and retention sum with Ragawang Corporation. The Court of Appeal dismissed the appeal, finding that the arbitrator had breached natural justice and that res judicata issues from a prior affirmed arbitral award were properly considered. However, the Court varied the JC's decision regarding the scope of remaining claims Ragawang may pursue via further arbitration.
What was the outcome of ONE AMERIN RESIDENCE SDN BHD v RAGAWANG CORPORATION SDN BHD?
<p>One Amerin Residence appealed the Judicial Commissioner's decision to set aside portions of an arbitral award in a construction dispute over a fina...