TUMPUAN MEGAH DEVELOPMENT SDN. BHD. v 1. ) ING BANK N.V. 2. ) O.W. BUNKER FAR EAST (SINGAPORE) PTE LTD
Catchwords
Section 37 Arbitration Act – Setting Aside Arbitral Award – Whether the Plaintiff successfully established any of the statutory grounds under Section 37(1)(b)(ii), 37(2)(a)(i), or 37(2)(b) of the Arbitration Act 2005 to justify setting aside the costs award. Public Policy Challenge – Whether the costs award conflicted with the public policy of Malaysia, including allegations of fraud, bias, or procedural unfairness. Natural Justice in Arbitration - Natural Justice and Right to Be Heard – Whether the Plaintiff was denied a fair opportunity to present its case on costs, and whether the Tribunal’s conduct breached the rules of natural justice. Tribunal’s Jurisdiction to Award Costs Post-Award – Functus Officio Doctrine – Whether the arbitral tribunal was functus officio after issuing a partial award, and whether it retained jurisdiction to determine and allocate costs. Res Judicata in Arbitration – Abuse of Process – Effect of Res Judicata and Abuse of Process – Whether the Plaintiff’s repeated attempts to re-litigate issues already decided amounted to an abuse of process, justifying the Tribunal’s full costs award.
Practice Areas
Judges (1)
Case Significance
TUMPUAN MEGAH DEVELOPMENT SDN. BHD. v 1. ) ING BANK N.V. 2. ) O.W. BUNKER FAR... is a High Court (Mahkamah Tinggi) decision dated August 18, 2025 (citation: wa-24nccarb-30-08-2024). The case was decided by Mohd Arief Emran bin Arifin.
Key issues: Public Policy Challenge – Whether the costs award conflicted with the public policy of Malaysia, including allegations of fraud, bias, or procedural unfairness..
What was the outcome of TUMPUAN MEGAH DEVELOPMENT SDN. BHD. v 1. ) ING BANK N.V. 2. ) O.W. BUNKER FAR...?
TUMPUAN MEGAH DEVELOPMENT SDN. BHD. v 1. ) ING BANK N.V. 2. ) O.W. BUNKER FAR... is a High Court decision dated August 18, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.