21 Apr 2021
DHAFIA NINE GROUP SDN BHD MOHAMAD MURAD BIN MAHYUDIN MUHEJI & R&A BRIDGE ENGINEERING SDN BHD
- Citation
- WA-22C-120-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-120-12/2020 (Mahkamah Tinggi)
The court held that a strike-out application under Order 18 r.19 is not the proper vehicle to enforce an arbitration agreement; the First Defendant was required to apply under s.10 of the Arbitration Act 2005 for a stay and referral to arbitration. Because no s.10 application was made and the filing of the strike-out application submitted the Defendant to the court's jurisdiction, the strike-out application was disallowed.