Badariah binti Sahamid
About FCJ Badariah binti Sahamid
Badariah binti Sahamid has 4 reported Malaysia decisions (2017–2020). These were decided across MYFC (2) and MYCOA (2). By subject matter, the largest shares are Administrative Law (1) and Arbitration (1). Of these, 1 as the delivering judge and 3 sitting on the coram.
On the judicial record
A record of apex- and appellate-level reasoning on the setting aside of arbitral awards and the narrow grounds for curial intervention, alongside winding up under the Companies Act 1965 and banking disputes.
Badariah binti Sahamid appears in this collection sitting in the Federal Court and the Court of Appeal, and the docket is weighted toward arbitration and commercial law at the highest levels. Arbitration is the central strand: appeals on the setting aside of an arbitral award, including an award arising from the termination of a construction sub-contract where the dispute was referred to an arbitrator who was an engineer knowledgeable in construction, and a leading appeal on the grounds on which a court may set aside an award and the proper scope of the court's supervisory role. These decisions bear directly on the balance the law strikes between the finality of an award and the limited circumstances in which a court may intervene. Company law features through the winding-up ground under section 21(1)(f) of the former Companies Act 1965, and banking through a lender's dispute with its customer. Because the Federal Court and Court of Appeal sit in panels and their rulings bind or guide the courts below, these decisions settle points of general importance rather than merely resolving the dispute at hand, and the arbitration appeals in particular shape how every future award may be challenged. Private individuals are referred to by role; corporate, banking and institutional parties are named. A recurring concern is the autonomy of the arbitral process and the narrow grounds on which a court may disturb an award — a principle of the first importance to Malaysia's standing as a seat of arbitration — together with the expertise a specialist arbitrator brings to a technical dispute such as a construction claim. The collection is a valuable record of apex- and appellate-level reasoning on arbitration and commercial law, and of the care with which the courts protect the finality of an award while preserving a controlled route of challenge where the process has genuinely miscarried.
How many cases has Badariah binti Sahamid decided?
Badariah binti Sahamid has 4 reported Malaysia decisions (2017–2020), 1 of them as the delivering judge.
Which courts does Badariah binti Sahamid sit in?
Badariah binti Sahamid sits in MYFC (2) and MYCOA (2).
What is the central strand of Badariah binti Sahamid's docket?
Arbitration — appeals on the setting aside of arbitral awards, including an award arising from the termination of a construction sub-contract, and a leading appeal on the grounds on which a court may set aside an award and the proper scope of its supervisory role.
Why do these arbitration decisions matter beyond the parties?
Because they fix the balance between the finality of an arbitral award and the narrow grounds on which a court may intervene — a principle of the first importance to every future challenge to an award and to Malaysia's standing as a seat of arbitration.