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STRATA MANAGEMENT: Tribunal can draw on its own knowledge and expertise

 

The Strata Management Tribunal is statutorily entitled to draw on its own knowledge and expertise. Section 114(2)(e) of the Strata Management Act 2013 provides that:

 

“(2) The powers conferred upon the Tribunal under subsection (1) shall include the following:

to draw on its own knowledge and expertise;...”

 

The words “... to draw on its own knowledge and expertise ...” which also appear in Section 21(3)(b) of the Arbitration Act 2005, have been interpreted by the Court of Appeal in Kasugi Prima Sdn Bhd v Cobrain Holdings Sdn Bhd and another appeal [2025] MLJU 676 to include determination of matters of procedure, facts, substance, and merits, as follows:

 

“[35] ... An arbitrator’s authority under section 21(3)(b) of the AA is NOT LIMITED to only determine matters of procedures (and can be invoked to determine matters of facts, substance, and merit).”

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