DIAN KIARA SDN. BHD. v GCH RETAIL (MALAYSIA) SDN. BHD.

wa-24carb-50-11-2025 High Court (Mahkamah Tinggi) 12 April 2026 • WA-24C(ARB)-50-11/2025

Catchwords

ARBITRATION – Setting aside arbitral award – Application under sections 37(1)(a)(v) and 37(1)(b)(ii) of the Arbitration Act 2005 – Excess of jurisdiction – Public policy – Whether arbitral tribunal exceeded jurisdiction by finding that landlord had affirmed lease and waived tenant’s repudiatory breach – Whether findings on waiver, affirmation, election and effect of non-waiver clause were matters falling within scope of parties’ pleadings and submissions – Whether tribunal’s reliance on foreign authorities concerning waiver and affirmation constituted decision beyond parties’ contemplation – Whether alleged failure to expressly consider contractual non-waiver clause amounted to breach of natural justice – Whether breach of natural justice ground could be raised through submissions when not pleaded in originating summons or affidavits – Whether actual or real prejudice established – Whether award rested on multiple independent findings supporting affirmation of lease – Limited curial intervention – Finality of arbitral awards

Practice Areas

Judges (1)

Rajes Raghavji Delivered

Parties (2)

DIAN KIARA Sdn Bhd Applicant GCH RETAIL Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24carb-50-11-2025)