D-SAFE FORCE SDN BHD GABUNGAN STRATEGIK SDN BHD

D-SAFE FORCE SDN BHD GABUNGAN STRATEGIK SDN BHD

On the balance of probabilities the defendant failed to prove the existence of a written arbitration agreement covering the extended period; no admissible written evidence established the alleged extension; therefore the statutory requirement under section 9 of the Arbitration Act 2005 was not satisfied and the stay...

Source-derived case information.

Citation
JA-A52NCvC-50-03/2023 (Mahkamah Sesyen)
Parties
Plaintiff: D-SAFE FORCE SDN BHD (NO. SYARIKAT:881554-A); Defendant: GABUNGAN STRATEGIK SDN BHD (NO. SYARIKAT: 492885-H)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 June 2023
Case Number
JA-A52NCvC-50-03/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (guaman Sivil) / Interlocutory Application for Stay/suspension Pending Arbitration (hearing and Decision)
Outcome
Defendant's application to suspend/stay proceedings pending arbitration dismissed.
Legal Topics
Stay of Proceedings, Written Arbitration Agreement Requirement, Proof of Contract Extension, Admissibility of Documentary Evidence
Arbitration Civil Procedure Contract Law Evidence Stay of Proceedings Written Arbitration Agreement Requirement Proof of Contract Extension Admissibility of Documentary Evidence

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Parties

D-SAFE FORCE SDN BHD (NO. SYARIKAT:881554-A)

Plaintiff

GABUNGAN STRATEGIK SDN BHD (NO. SYARIKAT: 492885-H)

Defendant

Procedural Posture

Civil Claim (guaman Sivil) / Interlocutory Application for Stay/suspension Pending Arbitration (hearing and Decision)

  1. 1 Whether a valid written arbitration agreement existed covering the disputed claims
  2. 2 Whether the alleged extension of the agreement was proved in writing
  3. 3 Whether the defendant's evidence (affidavits and exhibits) was sufficient to invoke stay under arbitration law

Ratio Decidendi

On the balance of probabilities the defendant failed to prove the existence of a written arbitration agreement covering the extended period; no admissible written evidence established the alleged extension; therefore the statutory requirement under section 9 of the Arbitration Act 2005 was not satisfied and the stay application must be dismissed.

Court Disposition

Defendant's application to suspend/stay proceedings pending arbitration dismissed.

Orders

  • Application for stay pending arbitration dismissed.
  • Defendant to pay costs of RM2000.00.