JUDGMENT

Raus Sharif CJ:

Introduction

[1] These three appeals arise from the judgment of the High Court dated 1 October 2012 and the judgment of the Court of Appeal dated 21 January 2014, in respect of three consolidated actions.

[2] Leave to appeal was granted by this court on 15 September 2016 to all the appellants for the following questions of law:

Question 1

Where an arbitration award makes an award in the following terms:

"In the event of failure to settle the amount owing within 30 April 1988, the property stated in the Agreement dated 23 September 1985 be transferred to compensate for the principal sum together with the liquidated damages as it stands on 29 January 1988 to MMCE Properties Sdn Bhd, or the property to be auctioned through a public auctioneer and the money realised by the auctioneer be paid to MMCE Properties Sdn Bhd. In the event there is any balance after settling the amount owing to the 1st Party the amount be returned to Mr N Letchumanan and KR Ramasamy."

and the arbitration award has not been registered under the applicable law:

(i) what right(s) does the successful party have over the property/land of the unsuccessful party, if any?

(ii) can the successful party in the arbitration proceedings proceed to deal with the unsuccessful party's property/land in question eg by entering into a sale and purchase agreement?

(iii) can the successful party in the arbitration proceedings hold itself out to the world as the beneficial owner of the unsuccessful party's property/land in question? and

(iv) to what extent does the law allow for an arbitrator to deal not just with the issues of fact and law in dispute but to go further and deal with issues of execution and enforcement of the award?

Question 2

Does the law recognise or allow for an award to deal with matters relating to the execution of an award for a sum of money by the attachment or transfer of property of a respondent prior to: