Huawei Technologies (Malaysia) Sdn Bhd v Maxbury Communications Sdn Bhd
The Court of Appeal heard an appeal regarding the setting aside of an arbitration award between Huawei Technologies (Malaysia) Sdn Bhd and Maxbury Communications Sdn Bhd. The dispute arose from a Purchase Agreement and subsequent Settlement Agreement regarding payment for additional OLTs. The High Court had set aside the arbitration award under Section 37 of the Arbitration Act 2005. The Court of Appeal reversed this decision, finding that the arbitrator had not exceeded his jurisdiction and that the High Court had improperly reviewed the merits of the case. The appeal was allowed with costs.
Overview
Case Number
W-02(NCVC)(A)-776-04/2017
Case Type
Civil - Commercial arbitration
Court
Court of Appeal Malaysia, Putrajaya
Coram Judges
- Tengku Maimun Tuan Mat
- Nallini PathmanathanDelivered Judgment
- Zabariah Mohd. Yusof
Related Proceedings
High Court
WA-24NCVC(ARB)-24-07/2016
High Court of Malaya at Kuala Lumpur
Heard Together With
W-02(NCC)(A)-1429-07/2017
Subject Matter
commercial arbitrationcontract lawsettlement agreements