We are pleased to announce that Azmi & Associates successfully secured an arbitral Award amounting to RM7.3 million (not inclusive of costs and interests) in favour of our client, the Claimant in the arbitration proceeding. The Claimant was represented by our team, Partners Abu Daud Abd Rahim and Melinda Marie D’Angelus, our former Senior Associate, Fadzlin Roslee, and our Associate, Vanessa Iskandar Ng.

The arbitration proceeding was premised on the Sale and Purchase Agreement dated 18.03.2013 wherein the Claimant agreed to buy and the Respondent agreed to sell an office building.

During the arbitration proceeding, the parties had narrowed the dispute to a single issue, that being, was the delay to complete the building by the completion date on 24.02.2020 attributed solely to the Respondent or was the delay due to reasons beyond the control of the Respondent.

The Claimant claimed that the Respondent was responsible for its failure to complete the building on the agreed completion date. On the other hand, the Respondent maintained that they were not responsible for the failure to complete the building by the completion date as the delay was unavoidable citing reasons such as the power supply could not be connected to the building attributed to a third party, and the subsequent imposition of the Movement Control Order (“MCO”).

In the award handed down by the arbitrator, the arbitrator found that firstly, the delay of the completion of the building was attributed to the slow progress of the Respondent in completing the building; and secondly, the imposition of MCO on 18.03.2020 had no bearing to the completion date as the building should have been completed earlier, which was on 24.02.2020.

Corporate Communications
Azmi & Associates
9 September 2024