22 Feb 2022
AMBICO OFFSHORE SDN. BHD. SAPURA FABRICATION SDN. BHD.
- Citation
- BA-22NCvC-382-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-382-09/2021 (Mahkamah Tinggi)
Even if the standard arbitration clause applied, this was not a fit case to stay proceedings because the defendant admitted the debt and made partial payments and a payment plan, promissory estoppel prevented the defendant from disputing the invoices, the subject matter involved a clear unpaid debt and tort claim within court jurisdiction, and the defendant's filing of a defence was effected under court direction and did not constitute an unequivocal step abandoning arbitration; accordingly stay was refused.