GLOBAL WALL (MALAYSIA) SDN BHD v 1. ) MALAYAN BANKING BERHAD 2. ) INTESA SANPAOLO S.P.A.

wa-24c-208-12-2025 High Court (Mahkamah Tinggi) 27 January 2026 • WA-24C-208-12/2025

Catchwords

CONSTRUCTION LAW — ARBITRATION — Whether the Final Award dated 16.12.2025 constitutes a "final award" within the meaning of the injunction orders — Whether the reservation of arbitration costs to a further award derogates from the finality of the award on substantive issues — Whether the issuance of the Final Award triggered the automatic lapse of the injunctions — Section 2 of the Arbitration Act(“AA”) 2005 — definition of "award" — Section 34(1) of the AA 2005 — doctrine of functus officio — Whether residual tribunal jurisdiction on costs is consistent with substantive finality — Section 36 of the AA 2005 — finality and binding effect of awards — AIAC Arbitration Rules 2021, Rule 2(4) — definition of "final award" — Whether the absence of a stay of the Final Award precluded the plaintiff from restraining the guarantee calls — Whether the conduct of the Defendants in calling upon the Bank Guarantee post-Final Award constitutes a breach of any subsisting court order. CIVIL PROCEDURE — INJUNCTION — Whether the 2023 Injunction Order and the Consent Order were perpetual or conditional — Distinction between perpetual and interlocutory injunctions — Whether an event-bound or conditional injunction lapses automatically upon the occurrence of the stipulated event without a further court order — Whether the injunctions lapsed upon the issuance of the Final Award — Whether the Defendants were in breach of court orders by proceeding with the guarantee calls after the Final Award.

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (3)

GLOBAL WALL Sdn Bhd Applicant MALAYAN BANKING BERHAD Respondent Intesa Sanpaolo S.p.a Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24c-208-12-2025)