GLOMAC KRISTAL SDN BHD v NORTON CONSTRUCTION SDN BHD

wa-24carb-30-07-2025 High Court (Mahkamah Tinggi) 23 November 2025 • WA-24C(ARB)-30-07/2025 • 69 min read
24 cases cited (2 SG, 22 foreign)

Catchwords

Practice Areas

Judges (1)

Counsel (5)

Parties (2)

Case Significance

GLOMAC KRISTAL SDN BHD v NORTON CONSTRUCTION SDN BHD is a High Court (Mahkamah Tinggi) decision dated November 23, 2025 (citation: wa-24carb-30-07-2025). <p>Glomac Kristal sought to set aside a PAM arbitration final award under section 37 of the Arbitration Act 2005, alleging breach of natural justice and failure by the arbitrator to consider material submissions, while Norton Construction cross-applied to enforce the award under section 38. The court held that Glomac Kristal's complaints amounted to challenges on the merits and contractual interpretation rather than grounds for setting aside, and that the high threshold for curial intervention w The case was decided by Rajes Raghavji. Counsel appearing: Hasnan Hamzah (counsel for plaintiff), Tunku Ahmad Munawwir bin Tunku Ahmad Mustaffa (counsel for plaintiff), Yap Chean Hong (counsel for defendant).

Summary

Glomac Kristal sought to set aside a PAM arbitration final award under section 37 of the Arbitration Act 2005, alleging breach of natural justice and failure by the arbitrator to consider material submissions, while Norton Construction cross-applied to enforce the award under section 38. The court held that Glomac Kristal's complaints amounted to challenges on the merits and contractual interpretation rather than grounds for setting aside, and that the high threshold for curial intervention was not met. The setting aside application was dismissed with costs and the award was registered as a judgment of the High Court.

What was the outcome of GLOMAC KRISTAL SDN BHD v NORTON CONSTRUCTION SDN BHD?

<p>Glomac Kristal sought to set aside a PAM arbitration final award under section 37 of the Arbitration Act 2005, alleging breach of natural justice a...

Statutes Cited

GST Act 2014
s 9(3)
Rules of Court 2012

Cases Cited (24)

SG (1)
[2015] SGCA 18
SLR (1)
[2015] 3 SLR 488
MY (22)
[1989] 3 MLJ 2169 [2003] 4 MLJ 357 [2007] 4 MLJ 113 [2009] 2 MLJ 546 [2011] 6 MLJ 441 [2012] 8 MLJ 573 [2013] 2 CLJ 395 [2015] 1 MLJ 171 [2015] 2 MLJ 441 [2018] 7 MLJ 530 [2019] 2 MLJ 413 [2019] 3 MLJ 395 [2019] 6 CLJ 588 [2020] 12 MLJ 198 [2020] 3 MLJ 1 [2020] MLJU 399 [2021] 1 MLJ 1 [2022] MLJU 2286 [2022] MLJU 824 [2023] 12 MLJ 393 [2023] 6 MLJ 345 [2023] MLJU 3028