22 May 2021
1. ) HANDAL ENERGY BHD 2. ) BORNEO SEAOFFSHORE ENGINEEERING SDN BHD 3. ) HANDAL ENGINEERING SDN BHD 1. ) BRIAN CHANG 2. ) TRACY CHANG 3. ) EMILY SOON WAI CHIN 4. ) CALM OCEANS PTE LTD 5. ) BRIAN CHANG HOLDINGS LTD
- Citation
- WA-22NCVC-446-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-446-08/2020 (Mahkamah Tinggi)
Because the plaintiff party that was bound by the arbitration clause (P2) discontinued its action, there remained no arbitration agreement between any plaintiff and any defendant in the suit; absent such an operative arbitration agreement between parties in the proceedings the mandatory stay under section 10 did not apply and the court would not exercise its discretion to grant a global stay to bind non-parties; therefore the stay application (Enc 25) was dismissed.