18 Sept 2023
SUMBER KHAZANAH SDN BHD (DALAM LIKUIDASI) APEX COMMUNICATIONS SDN BHD
- Citation
- WA-22C-76-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-76-10/2022 (Mahkamah Tinggi)
Although the Letter of Award incorporated the terms of the Package S8 Sub-Contract including Clause 38, Clause 39's express submission to Malaysian courts and Clause 38.3's permissive wording ('may') make arbitration optional not mandatory; the Defendant had not abandoned any right to arbitrate by seeking time extensions and entering appearance, but because arbitration was not mandatory the stay under s10 was refused and the application dismissed with costs.