Ariff bin Rozhan
About Ariff bin Rozhan
Ariff bin Rozhan appears as counsel of record in 3 reported Malaysia judgments (2024–2025). These were heard before MYFC (1), MYHC (1) and MYCOA (1).
On the court record
The reported matters span civil-procedure and arbitration work, from the effect of an unless order to setting aside an arbitral award, grounded in High Court, Court of Appeal and Federal Court judgments.
Ariff bin Rozhan's reported matters cover civil procedure and arbitration, argued in the High Court, the Court of Appeal and the Federal Court. A significant procedural question reached the Federal Court, where the issue was whether a trial judge was bound by an unless order pronounced by an interlocutory-proceeding judge, given that such an order can have an effect similar to a summary judgment or a judgment in default. Appearing for a respondent, the Federal Court answered that the trial judge was bound by the unless order, while distinguishing the extent to which such an order carries the same consequences as a judgment on the merits, so that the striking out flowed from the non-compliance rather than from any absence of merit in the defence. The same matter had earlier been before the Court of Appeal, where he also appeared for the responding side.
Arbitration features in a High Court application to set aside a final arbitral award, brought under section 37 of the Arbitration Act 2005, where the applicant had to satisfy the statutory pre-requisites and the questions were whether there had been a breach of natural justice, a conflict with public policy or an excess of jurisdiction. Appearing for the defendant, the Court held that the applicant had failed to demonstrate any such ground and dismissed the application to set aside the award with costs of RM12,000.
A thread across these decisions is the finality of orders and awards, whether the binding force of an unless order and the automatic consequences of failing to comply with it, or the narrow grounds on which a court will disturb a final arbitral award. The reported work thus sits in the civil-procedure and arbitration fields, argued in the High Court, the Court of Appeal and the Federal Court of Malaysia, and grounded in the judgments rather than any ranking.
How many cases has Ariff bin Rozhan appeared in?
Ariff bin Rozhan appears as counsel of record in 3 reported Malaysia judgments (2024–2025).
Which courts does Ariff bin Rozhan appear in?
Ariff bin Rozhan appears before MYFC (1), MYHC (1) and MYCOA (1).
What areas of law feature in Ariff bin Rozhan's reported cases?
They include civil procedure, in particular the binding force of an unless order and the consequences of non-compliance, and arbitration, on an application to set aside a final award under section 37 of the Arbitration Act 2005.
What did the Federal Court decide about the unless order?
Appearing for a respondent, the Federal Court held that the trial judge was bound by the unless order pronounced by the interlocutory-proceeding judge, while distinguishing the extent to which such an order carries the same consequences as a judgment on the merits.
On what basis was the application to set aside the arbitral award decided?
Under section 37 of the Arbitration Act 2005, the Court held that the applicant had failed to demonstrate any breach of natural justice, conflict with public policy or excess of jurisdiction, and dismissed the application with costs of RM12,000; he appeared for the defendant.