Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Arbitration act 2005 s10

Legal area

Court

30 May 2022

RI-YAZ HOTELS AND RESORTS SDN BHD DYNAMICS CAPITAL SDN BHD

Citation

KA-22NCvC-69-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-69-06/2018 (Mahkamah Tinggi)

Defendant repeatedly failed to comply with pre-trial directions to file witness statements without reasonable justification; under the discretionary power in Order 34 r2(3) the court struck out the Defendant's defence and counterclaim and entered judgment for the Plaintiff; Defendant's reliance on arbitration was rejected because it had taken steps in the court proceedings and did not seek a stay under s10, making arbitration an afterthought.
13 Nov 2020

Padda Gurtaj Singh 1. Tune Talk Sdn Bhd 2.Tricor Corporate Services Sdn Bhd 3.Rebecca Kong Say Tsui

Citation

WA-24NCC-289-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-289-07/2020 (Mahkamah Tinggi)

The court stayed the originating summons and ordered referral to arbitration under s.10 Arbitration Act 2005 because the dispute over non-registration of the 431,908 shares falls within the wide arbitration clause in Clause 16 of the SHA; absence of a written notice of dispute or non-fulfilment of tiered procedural steps did not render the arbitration agreement inoperative; ss106-107 Companies Act 2016 do not on their face preclude arbitrability; stay was mandatory and costs awarded RM10,000 with direction to commence arbitration within two weeks.