18 Feb 2021
BLOCKLINK (M) SDN BHD TENAGA NASIONAL BERHAD
- Citation
- WA-24C-233-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-233-11/2020 (Mahkamah Tinggi)
The court found the contracts expressly incorporated the FIDIC Short Form 1999 including Clause 15 by clear written reference and Appendix, therefore a binding arbitration agreement existed; the disputes in the originating summons arise from the contracts and fall within Clause 15; the arbitration agreement was not null, void or incapable of performance; accordingly a mandatory stay under s10(1) was granted and the court exercised its s10(2) power to impose the condition that the dispute be referred to contractual adjudication within 30 days, with costs to the defendant.