INTRODUCTION

In Siemens Industry Software Gmbh & Co Kg (Germany) (formerly known as Innotec Gmbh) v Jacob and Toralf Consulting Sdn Bhd (formerly known as Innotec Asia Pacific Sdn Bhd) (Malaysia) & Ors , the Federal Court of Malaysia had the opportunity to address the following question of law:

“Whether for the purposes of an application made under Section 38 of the Arbitration Act 2005 and Order 69 Rule 8 of the Rules of the Federal Court 2012, the recognition and enforcement of an arbitration award by way of entry as a judgment of the High Court of Malaya ought to relate only to the disposition of the said award and not the entire award containing the reasoning, evidentiary and factual findings of the arbitral tribunal?”

The decision of the Federal Court in Siemens Industry is instructive in that it address the following principal issue, namely, the notion of what precisely is to be entered as a judgment of the High Court of Malaya in so far as an application to register and enforce and arbitral award is concerned. The ancillary issue that the decision in Siemens Industry addresses is the extent to which confidentiality of the arbitral process is preserved in accordance with the provisions of the Arbitration Act 2005.

At the outset, disclosure is made that Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham appeared as counsel in the Federal Court for the successful party, Siemens Industry Gmbh & Co Kg (Germany).