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Idza Hajar Ahmad Idzam, Nan Muhammad Ridhwan, Nur Fatin Hafiza Hasham, and Muhammad Hibri Nazim from Zul Rafique & Partners’ Litigation Practice Group, have successfully obtained an Order from the Kuala Lumpur High Court to register and enforce an arbitral award, in favour of an existing client (“the Client”) in the sum of RM2.075 million against a non-governmental organisation registered under the Societies Act (“the Society”) pursuant to section 38 of the Arbitration Act 2005.

In essence, the arbitration concerns a Fund Management Agreement (“Agreement”). The Agreement provided for a pre-determined amount (“Fund”) to be allocated to the Society. Disputes arose in relation to the refund of the Fund upon the expiry of the Agreement. In December 2020, by the Arbitral Award, the Learned Arbitrator awarded the Client the sum of RM2,075,015.00 together with the cost and expenses of the arbitration proceedings.

An application for recognition and enforcement of an arbitration award may only be refused on the grounds set out in section 39 of the Arbitration Act 2005. The Society failed to make an application to set aside the Arbitral Award within the time stipulated in the Arbitration Act 2005. There were therefore no grounds to refuse the recognition and enforcement of the award.

For more insight into this area of law, please contact our Partners in the Litigation Practice Group:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Farah Shuhadah Razali
Bailey Leong Pui Yee

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