Common Contracts
1 similar Arbitration Agreement contracts
SABANILAM ENTERPRISE SDN BHDArbitration Agreement • October 7th, 2021
This appeal concerned a dispute between Masenang Sdn Bhd (‘Masenang’) as the contractor under a construction contract and Sabanilam Enterprise Sdn Bhd (‘Sabanilam’), as an employer, over construction works which had resulted in a resolution of the dispute by way of arbitration, in favour of Masenang. Following that, Masenang initiated registration proceedings under s 38 of the Arbitration Act 2005 (‘AA’) in the High Court in Malaya at Kuala Lumpur. Sabanilam, on the other hand, sought to set aside the award under s 37 AA, and filed an application to do, but initiated the suit in the High Court in Sabah and Sarawak at Kota Kinabalu. As a consequence of these two sets of proceedings, the issue of the registration and the setting aside of the award had given rise to a multiplicity of proceedings, resulting in conflicting decisions being handed down by the respective High Courts. In this appeal, the issues to be determined were, whether the theory of the “juridical seat” of an arbitration
