1 Oct 2020
DYNACIATE ENGINEERING SDN. BHD. (Co. No.: 579899-K) PUNJ LLOYD SDN. BHD. (Co. No.: 888132-D)
- Citation
- BA-22C-11-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-11-05/2020 (Mahkamah Tinggi)
The court held that (1) the defendant's procedural acts did not amount to 'steps' under s10(1) Arbitration Act 2005 because Order 18 r 2(2) Rules of Court 2012 rendered those acts permissible and they were taken to resist a summary judgment application (not to submit to court jurisdiction); (2) General Conditions 30.2 and 30.7 were incorporated into the purchase orders and therefore formed a valid, operative arbitration agreement covering the dispute; and (3) the summary judgment application failed because the defendant raised multiple triable issues (disputed factual account of meetings over…
- Stay to arbitration under s10 arbitration act 2005
- Formation and incorporation of arbitration clause
- Effect of taking steps in court on arbitration rights
- Summary judgment under order 14 rules of court 2012
- Partnership liability under partnership act 1961
- Registration consequences under registration of businesses act 1956