Arbitration
29 cases · November 2017 to May 2026
Case Volume by Year
1 17
2 18
2 19
1 20
1 24
16 25
6 26
2017–2026
Key Issues & Sub-Topics
Setting aside — Enforcement — Jurisdiction of arbitral tribunal — Scope of submission to arbitration — “New difference” — Whether tribunal exceeded jurisdiction — Whether dispute contemplated by parties — Arbitration Act 2005, s 37(1)(a)(iv), (v) 2 Setting aside — Public policy — Illegality — Regulatory non-compliance — Whether award in conflict with public policy of Malaysia — Threshold — Arbitration Act 2005, s 37(1)(b)(ii), s 37(2) 2 to set aside award — non-recognition of award — grounds enumerated in s.37 are exhaustive and the court cannot set aside an award for reasons other than those that are listed– the court do not sit as an appellate court — the merits before the arbitral tribunal are not open to scrutiny — section 37 of the Arbitration Act -Section 39 of the Arbitration Act Arbitration Law — Waiver — Estoppel — Not specifically pleaded in claim — relied on during course of proceeding — can be extended by conducts of parties — can be considered by the arbitrator based on the facts of the case — accepting the application for extension — not rejecting the application 2 Arbitration Act 2005 (“AA”) — Award — Recognition and enforcement of award 2 Respondent was allegedly in breach of express and implied terms of contract in respect of supply of cost-plus valves and that Appellant suffered substantial loss and damages — Whether respondent was in breach of express terms of contract — Whether valves supplied did not correspond with its description and were not of merchantable quality — Whether Appellant suffered substantial loss and damage in respect of valves which had been replaced 2 Whether breach of rules of natural justice occurred during arbitration and in connection with making award — Arbitral Tribunal addressed on issue not raised or addressed by parties — Tribunal failed to address issues specifically raised in the pleadings by the parties — Whether breach of natural justice — Whether award was in conflict with public policy of Malaysia 2 Stay of court proceedings — Application under s 10 Arbitration Act 2005 — Whether proceedings should be stayed and parties referred to arbitration — Mandatory nature of stay where arbitration agreement exists and no step taken in proceedings 1 Arbitration agreement — Incorporation by reference — Whether reference in letter of appointment to “Conditions of Engagement, Rule 29, 3rd Schedule of Architect Rules 1996” sufficient to incorporate arbitration clause — Section 9(5) Arbitration Act 2005 1 Arbitration clause — Incorporation of standard terms — Whether specific reference to arbitration clause necessary — Applicability of Ajwa for Food Industries Co (MIGOP), Egypt v Pacific Inter-Link Sdn Bhd 1 Kompetenze-kompetenz — Jurisdiction of arbitral tribunal — Whether questions concerning validity, scope and applicability of arbitration clause to be determined primarily by arbitral tribunal — Section 18(1) Arbitration Act 2005 1 Separability doctrine — Whether arbitration clause survives challenge to validity of underlying contract — Whether alleged invalidity of letter of appointment affected arbitration clause — Section 18(2) Arbitration Act 2005 1 Stay application — “Before taking any other step in proceedings” — Whether entry of appearance and attendance at e-review constituted step inconsistent with right to arbitrate — Section 10(1) Arbitration Act 2005 1 Architectural consultancy agreement — Architects Rules 1996 — Whether Conditions of Engagement and arbitration clause applied despite absence of prescribed Memorandum of Agreement under Rule 29 1 Arbitration agreement — Null and void — Inoperative — Incapable of being performed — Whether any statutory exception under s 10(1) established on affidavit evidence 1 Scope of arbitration agreement — Tortious claims — Whether claims framed in professional negligence and wrongful grant of extension of time fell within scope of arbitration clause arising from architectural consultancy services 1 Construction disputes — Architect’s alleged wrongful grant of extensions of time — Claim for loss of liquidated damages — Whether disputes arising from performance of architectural functions arbitrable 1 Interim relief — Performance Bonds — Construction contract involving Government infrastructure project — Application under s 11 Arbitration Act 2005 to restrain beneficiary from making and receiving payment under Performance Bonds pending arbitration — Whether court had jurisdiction notwithstanding Government Proceedings Act 1956 — Whether contractual dispute concerning Design Guarantee Bond established unconscionability sufficient to restrain autonomous Performance Bonds — Held, although serious issues existed for arbitration, no prima facie unconscionability was shown, damages remained an adequate remedy and balance of convenience favoured preservation of contractual security — Application dismissed. 1 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 1 Whether this Court has jurisdiction to hear the Plaintiff's OS despite the arbitration agreement in Clause 34.5 of the PAM Contract 2006 — Whether the Court can decide the interpretation of Clause 30.10 and whether a valid dispute exists — Whether the Plaintiff’s claim that there is no dispute allows this Court to exercise jurisdiction — Whether the Plaintiff is barred from re-litigating the matter after the Court of Appeal’s judgment directing arbitration — Whether the Court of Appeal’s prior decision precludes this Court from hearing the OS — Whether the issue of dispute under Clause 30.10 is for the arbitrator to decide. 1 Interim measures — Injunction pending arbitration — Application to restrain receivers and managers — Whether court may restrain secured creditor’s enforcement pending arbitration — Section 11 Arbitration Act 2005 — Whether s 11 displaces American Cyanamid principles — Whether injunction preserves or alters status quo — Whether interference with receivership justified 1
+ 26 more
Setting aside — Enforcement — Jurisdiction of arbitral tribunal — Scope of submission to arbitration — “New difference” — Whether tribunal exceeded jurisdiction — Whether dispute contemplated by parties — Arbitration Act 2005, s 37(1)(a)(iv), (v) 2 cases
Setting aside — Public policy — Illegality — Regulatory non-compliance — Whether award in conflict with public policy of Malaysia — Threshold — Arbitration Act 2005, s 37(1)(b)(ii), s 37(2) 2 cases
to set aside award — non-recognition of award — grounds enumerated in s.37 are exhaustive and the court cannot set aside an award for reasons other than those that are listed– the court do not sit as an appellate court — the merits before the arbitral tribunal are not open to scrutiny — section 37 of the Arbitration Act -Section 39 of the Arbitration Act Arbitration Law — Waiver — Estoppel — Not specifically pleaded in claim — relied on during course of proceeding — can be extended by conducts of parties — can be considered by the arbitrator based on the facts of the case — accepting the application for extension — not rejecting the application 2 cases
Arbitration Act 2005 (“AA”) — Award — Recognition and enforcement of award 2 cases
Respondent was allegedly in breach of express and implied terms of contract in respect of supply of cost-plus valves and that Appellant suffered substantial loss and damages — Whether respondent was in breach of express terms of contract — Whether valves supplied did not correspond with its description and were not of merchantable quality — Whether Appellant suffered substantial loss and damage in respect of valves which had been replaced 2 cases
Whether breach of rules of natural justice occurred during arbitration and in connection with making award — Arbitral Tribunal addressed on issue not raised or addressed by parties — Tribunal failed to address issues specifically raised in the pleadings by the parties — Whether breach of natural justice — Whether award was in conflict with public policy of Malaysia 2 cases
Stay of court proceedings — Application under s 10 Arbitration Act 2005 — Whether proceedings should be stayed and parties referred to arbitration — Mandatory nature of stay where arbitration agreement exists and no step taken in proceedings 1 case
Arbitration agreement — Incorporation by reference — Whether reference in letter of appointment to “Conditions of Engagement, Rule 29, 3rd Schedule of Architect Rules 1996” sufficient to incorporate arbitration clause — Section 9(5) Arbitration Act 2005 1 case
Arbitration clause — Incorporation of standard terms — Whether specific reference to arbitration clause necessary — Applicability of Ajwa for Food Industries Co (MIGOP), Egypt v Pacific Inter-Link Sdn Bhd 1 case
Kompetenze-kompetenz — Jurisdiction of arbitral tribunal — Whether questions concerning validity, scope and applicability of arbitration clause to be determined primarily by arbitral tribunal — Section 18(1) Arbitration Act 2005 1 case
Separability doctrine — Whether arbitration clause survives challenge to validity of underlying contract — Whether alleged invalidity of letter of appointment affected arbitration clause — Section 18(2) Arbitration Act 2005 1 case
Stay application — “Before taking any other step in proceedings” — Whether entry of appearance and attendance at e-review constituted step inconsistent with right to arbitrate — Section 10(1) Arbitration Act 2005 1 case
Architectural consultancy agreement — Architects Rules 1996 — Whether Conditions of Engagement and arbitration clause applied despite absence of prescribed Memorandum of Agreement under Rule 29 1 case
Arbitration agreement — Null and void — Inoperative — Incapable of being performed — Whether any statutory exception under s 10(1) established on affidavit evidence 1 case
Scope of arbitration agreement — Tortious claims — Whether claims framed in professional negligence and wrongful grant of extension of time fell within scope of arbitration clause arising from architectural consultancy services 1 case
Construction disputes — Architect’s alleged wrongful grant of extensions of time — Claim for loss of liquidated damages — Whether disputes arising from performance of architectural functions arbitrable 1 case
Interim relief — Performance Bonds — Construction contract involving Government infrastructure project — Application under s 11 Arbitration Act 2005 to restrain beneficiary from making and receiving payment under Performance Bonds pending arbitration — Whether court had jurisdiction notwithstanding Government Proceedings Act 1956 — Whether contractual dispute concerning Design Guarantee Bond established unconscionability sufficient to restrain autonomous Performance Bonds — Held, although serious issues existed for arbitration, no prima facie unconscionability was shown, damages remained an adequate remedy and balance of convenience favoured preservation of contractual security — Application dismissed. 1 case
Whether this Court has jurisdiction to hear the Plaintiff's OS despite the arbitration agreement in Clause 34.5 of the PAM Contract 2006 — Whether the Court can decide the interpretation of Clause 30.10 and whether a valid dispute exists — Whether the Plaintiff’s claim that there is no dispute allows this Court to exercise jurisdiction — Whether the Plaintiff is barred from re-litigating the matter after the Court of Appeal’s judgment directing arbitration — Whether the Court of Appeal’s prior decision precludes this Court from hearing the OS — Whether the issue of dispute under Clause 30.10 is for the arbitrator to decide. 1 case
Interim measures — Injunction pending arbitration — Application to restrain receivers and managers — Whether court may restrain secured creditor’s enforcement pending arbitration — Section 11 Arbitration Act 2005 — Whether s 11 displaces American Cyanamid principles — Whether injunction preserves or alters status quo — Whether interference with receivership justified 1 case
Scope of arbitration clause — Whether statutory and fiduciary claims arbitrable — Substance over form — Whether claims arise out of or in connection with contractual matrix 1 case
Stay application — Waiver — Whether entry of appearance amounts to step in proceedings — Timing of application — Whether prompt invocation of arbitration 1 case
Conduct of parties — Invocation of dispute resolution mechanism — Whether party estopped from denying arbitration — Approbation and reprobation 1 case
Stay of court proceedings — Arbitration Agreement — Adoption by liquidator — Whether Director General of Insolvency required to adopt arbitration agreement under Section 49 of the Arbitration Act 2005 — Distinction between individual bankruptcy and corporate winding-up — Mandatory stay under Section 10 of the Arbitration Act 2005 — Whether arbitration agreement inoperative or incapable of being performed — Doctrine of separability — Parties Autonomy — Survival of arbitration clause despite winding-up of company — Arbitrability — Dispute arising from pre-insolvency contractual rights — Whether arbitrable post-liquidation — Public policy considerations — Contrast with insolvency-specific remedies 1 case
Court-ordered reference to arbitration — Whether different from submission to arbitration — Whether award obtained pursuant to a court-ordered reference to arbitration may be enforced under the Arbitration Act — Whether enforcement should have been pursuant to section 24A of the Courts of Judicature Act 1964 1 case
Stay of proceedings — Section 10 Arbitration Act 2005 — Arbitration clause in AFC Champions League Competition Regulations — Dispute “in connection with the Competition” — Meaning of “Competition” — Claim for unpaid prize money, subsidies and expenses — Liability and quantum admitted — Crystallised debt — Non-payment due to banking compliance and extraterritorial sanctions — No dispute relating to competition — No nexus between claim and arbitration clause — Arbitration clause inapplicable — Court entitled to determine scope of arbitration agreement — Full merits test 1 case
Stay of proceedings — Application for stay under section 10(1) of the Arbitration Act 2005 — Mandatory nature of stay where valid arbitration agreement exists — Principles of "steps in proceedings". 1 case
Agreement — Arbitration or litigation — Construction of arbitration clause in light of phrase “legal proceedings” used — Whether word ‘shall’ used in arbitration clause connoted reference to arbitration as mandatory and not optional — Whether parties original intention to refer dispute to arbitration abandoned by supplemental agreements — Whether failure to give a notice of arbitration would be a lack of procedural legitimacy — Whether filing of the Memorandum of Appearance a step in the proceedings — Whether parties estopped from referring dispute to arbitration under Arbitration Act 2005 s 10(1)(a) 1 case
Key Statutes
Arbitration Act 2005 (Cap 646)
cited in 12 cases Rules of Court 2012
cited in 4 cases Arbitration Act
cited in 3 cases Contracts Act 1950 (Cap 136)
cited in 2 cases Courts of Judicature Act 1964
cited in 2 cases Contracts Act
cited in 2 cases Commercial Arbitration Act 1984
cited in 1 case UK Arbitration Act 1996
cited in 1 case Singapore Arbitration Act 2001
cited in 1 case Singapore International Arbitration Act 1994
cited in 1 case Hong Kong Arbitration Ordinance
cited in 1 case National Land Code (Cap 828)
cited in 1 case English Arbitration Act 1950
cited in 1 case Insolvency Act 1986
cited in 1 case Companies Act 2016
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Muhammad Adam bin Abdullah 8 Muhammad Adam @ Edward bin Abdullah 6 Azahar bin Mohamed 4 Ramly bin Haji Ali 3 Abdul Rahman bin Sebli 3 Mohd Zawawi bin Salleh 3 Nallini Pathmanathan 2 Tengku Maimun binti Tuan Mat 2 Vernon Ong Lam Kiat 2 Mohd Nazlan bin Mohd Ghazali 2 Utama Wan Ahmad Farid bin Wan Salleh 2 Azimah binti Omar 2 Mariana binti Haji Yahya 2 Wan Ahmad Farid bin Wan Salleh 2 Mohd Arief Emran bin Arifin 2
Top Firms
Mohanadass Partnership 2 Zul Rafique & Partners 2 Amar Syiimir Izzat & Sham 2 Alami & Partners 2 Ramesh Dipendra Jeremiah Law 1 Shri & Partners 1 Rama & Associates 1 Amir, Halim & Associates 1 Sanjay Mohan 1 Lo Chambers 1 Dason Raj & Partners 1 Phang Tham Teoh & Co 1 Halim Hong & Quek 1 The Chambers Of Kamarul Hisham & Hasnal Rezua 1 Shearn Delamore & Co. 1
Top Lawyers
Cases
Page 2 of 203-2-11-2018b
Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd
18 September 2019
MYFC
02f-8-02-2018-w
1. Tan Sri Dato' Seri Vincent Tan Chee Yioun 2. Central Malaysian Properties Sdn Bhd v 1. Jan De Nul (Malaysia) Sdn Bhd 2. Jan De Nul Group (Sofidra S.A)
30 October 2018
MYFC
application-no-02f-7-02-2018w
JAN DE NUL (MALAYSIA SDN BHD) & 1 LAGI v VINCENT TAN CHEE YIOUN & 1 LAGI
30 October 2018
MYFC
02-19-04-2016
1. Far East Holdings Bhd 2. Kampong Aur Oil Palm Sdn Bhd ... Appellants v Majlis Ugama Islam dan Adat Resam Melayu Pahang ... Respondent
14 November 2017
MYFC