MALAYSIA 2024-2

Court of Appeal, Putrajaya, 3 January 2024, Case No. W-02(IM)-66-01/2022

(ING Bank N.V. and O.W. Bunker Far East (Singapore) Pte Ltd v. Tumpuan Megah ... Read more

Court of Appeal, Putrajaya, 3 January 2024, Case 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)

03 - 01 - 2024

MALAYSIA 2024-2

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Malaysia
Summary

The Court of Appeal set aside the first instance order which had granted an application to register an English court judgment confirming a London award. It held that the appeal before it was essentially an opposition to an application to enforce the London award, and that matters of recognition and enforcement of foreign awards were governed by the Arbitration Act. To proceed solely under the Reciprocal Enforcement of Judgment Act 1958 (REJA), as the court below had done, “would fly in the face of the clear language” of the Arbitration Act. The Court then remanded the case to the High Court for a de novo examination of the objection of lack of arbitral jurisdiction based on the argument that there had been fraud in the formation of the contract.

Related topics
303

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.

Estoppel/waiver
507

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.

Miscellaneous cases regarding the arbitration agreement
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