Is the stipulated timeframe for a delivery of an arbitral award a procedural or jurisdictional rule? If a party to the arbitration fails to raise an objection once the deadline for delivery of the award has passed, does that result in a waiver of the right to seek a setting aside of the award?
In Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd and another appeal [2020] MLJU 1901, the Malaysian Court of Appeal dealt with the issue of an arbitrator’s failure to deliver the arbitral award within the specified timeline, and whether this resulted in a loss of the arbitrator’s jurisdictional mandate.
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