BARISAN PERFORMA SDN BHD v GLM EMERALD HILLS (CHERAS) SDN BHD

wa-24carb-37-08-2025 High Court (Mahkamah Tinggi) 28 January 2026 • WA-24C(ARB)-37-08/2025

Catchwords

This case concerns cross-applications under ss 37, 38 and 39 of the Arbitration Act 2005 arising from a Final Award in favour of Barisan Performa Sdn Bhd against GLM Emerald Hills (Cheras) Sdn Bhd. The key issue was whether the award should be set aside for breach of natural justice, particularly where the arbitrator substantially adopted findings from a prior CIPAA adjudication without independent analysis. The Court held that this constituted a material breach affecting the Works & Materials claim, thereby setting aside the entire award and consequently refusing its recognition and enforcement.

Judges (1)

Azlan bin Sulaiman Delivered

Parties (2)

BARISAN PERFORMA Sdn Bhd Applicant GLM EMERALD HILLS Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24carb-37-08-2025)