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MALAYSIA 10
Court of Appeal, Putrajaya, 3 January 2024, no. W-02(IM)-66-01/2022
(ING Bank N.V. and O.W. Bunker Far East (Singapore) Pte Ltd v. Tumpuan Megah Development Sdn ... Read more
Court of Appeal, Putrajaya, 3 January 2024, no. W-02(IM)-66-01/2022
(ING Bank N.V. and O.W. Bunker Far East (Singapore) Pte Ltd v. Tumpuan Megah Development Sdn Bhd)
MALAYSIA 10
The Court of Appeal set aside the first instance order which had granted an application under the Reciprocal Enforcement of Judgment Act 1958 (REJA) to register an English court judgment confirming a London award. The Court reasoned that the appeal was essentially an opposition to the application to enforce the London award, and that matters of recognition and enforcement of foreign awards were governed by the Arbitration Act, not the REJA.
The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.