Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Arbitration clause jurisdiction

Legal area

Court

11 Apr 2025

1. ) PESTECH TECHNOLOGY SDN BHD 2. ) PESTECH INTERNATIONAL BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

Citation

WA-22C-84-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-84-12/2024 (Mahkamah Tinggi)

There existed a prima facie valid arbitration agreement covering the disputes; plaintiffs had actively participated in the consolidated arbitrations and only belatedly challenged jurisdiction, thereby estopping themselves; the issues raised were within the scope of the arbitration clause and not non-arbitrable as contended; accordingly the court must stay proceedings under s10 Arbitration Act 2005 and refuse the plaintiffs' application.
11 Apr 2025

1. ) PESTECH TECHNOLOGY SDN BHD 2. ) PESTECH INTERNATIONAL BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

Citation

WA-22C-84-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-84-12/2024 (Mahkamah Tinggi)

The Court found valid arbitration agreements and that plaintiffs’ belated challenge after active participation in the agreed consolidated arbitrations estopped them from seeking court relief; the disputes fall within the arbitration clauses and are not plainly non-arbitrable (insolvency/winding-up issues in this case did not remove arbitrability); consequently the Court granted the defendant's application to stay court proceedings and refer matters to arbitration and dismissed the plaintiffs' application as an abuse of process.