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MALAYSIA 8
Federal Court, Putrajaya, 27 March 2020
(Siemens Industry Software GmbH & Co KG (formerly known as Innotec
GmbH) v. Jacob and Toralf Consulting Sdn Bhd (formerly known as
Innotec Asia Pacific Sdn Bhd) et al.)
MALAYSIA 8
The Federal Court reversed the appellate decision, and confirmed the first instance holding of the High Court that only the dispositive part of a foreign (here, Singaporean) award was capable of being recognized and registered as a judgment of the High Court under Sect. 38 of the 2005 Malaysian Arbitration Act, which sets out the conditions to be complied with by the party seeking to have an award recognized as binding and enforced “by entry as a judgment in terms of the award”. The Court held that "award" meant in this context only the dispositive part – the dictum.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.