KASUGI PRIMA SDN BHD v COBRAIN HOLDINGS SDN BHD
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Judges (3)
Counsel (7)
Case Significance
KASUGI PRIMA SDN BHD v COBRAIN HOLDINGS SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated March 6, 2025 (citation: w-02ca-1147-07-2023). <p>Kasugi Prima Sdn Bhd sought to set aside an arbitration award in favour of Cobrain Holdings Sdn Bhd, alleging procedural impropriety in the arbitrator's reliance on her own expertise under Section 21(3)(b) of the Arbitration Act 2005. The Court of Appeal dismissed the appeal, finding that the arbitrator had properly drawn on available evidence rather than extraneous evidence and that no breach of natural justice occurred.</p> The panel comprised Azimah binti Omar, Mariana binti Haji Yahya and Utama Wan Ahmad Farid bin Wan Salleh, with Azimah binti Omar delivering the judgment. Counsel appearing: Amira Nur Nadia binti Azhar (counsel for appellant), Anilraj A/L Verdamanickam (counsel for respondent), Kuan Kai Tat (counsel for appellant), Rajashree Suppiah (counsel for appellant), Tay Por Hai (counsel for respondent).
Key issues: Arbitrator’s authority under Section 21(3)(b) of the Arbitration Act 2005 and expertise to analyze evidence without breaching natural justice..
Summary
Kasugi Prima Sdn Bhd sought to set aside an arbitration award in favour of Cobrain Holdings Sdn Bhd, alleging procedural impropriety in the arbitrator's reliance on her own expertise under Section 21(3)(b) of the Arbitration Act 2005. The Court of Appeal dismissed the appeal, finding that the arbitrator had properly drawn on available evidence rather than extraneous evidence and that no breach of natural justice occurred.
What was the outcome of KASUGI PRIMA SDN BHD v COBRAIN HOLDINGS SDN BHD?
<p>Kasugi Prima Sdn Bhd sought to set aside an arbitration award in favour of Cobrain Holdings Sdn Bhd, alleging procedural impropriety in the arbitra...