4 Jan 2022
COCKETT MARINE OIL (ASIA) PTE LTD MISC BERHAD
- Citation
- W-02(IM)(ADM)-251-02/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(ADM)-251-02/2021 (Mahkamah Rayuan)
The Court of Appeal held the Learned Judicial Commissioner erred by making a conclusive factual finding that the alleged arbitration clause was not binding; there was a prima facie case that Cockett’s terms (including the arbitration clause) were incorporated by reference via hyperlink and by the Confirmation of Supply, and accordingly the High Court should have stayed proceedings under s.10 AA 2005 and referred the dispute to arbitration; the High Court decision dismissing the stay and granting the anti-arbitration injunction was set aside and the appeals allowed with costs.
- Existence and incorporation of arbitration agreement
- Stay of proceedings under s.10 arbitration act 2005
- Anti-arbitration injunctions (order 29 r.1 roc)
- Judicial vs arbitral determination of jurisdiction (s.18 aa 2005)
- Incorporation by reference (hyperlink)
- Conduct amounting to submission to court