24 Sept 2024
FIRST COMMERCE SDN BHD 1. ) BIO HARVEST SDN BHD 2. ) SOO SIEW PENG
- Citation
- BA-22NCC-121-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-121-09/2023 (Mahkamah Tinggi)
The court granted a mandatory stay under s10 AA 2005 as clause 34.5 of the PAM Contract 2006, incorporated into the LOA, is a valid and enforceable arbitration agreement covering the disputes with the First Defendant; the First Defendant had not taken steps in these High Court proceedings that would preclude a stay; the arbitration agreement is not null, void, inoperative or impossible to perform (financial hardship and lack of prior written notice under clause 34.6(a) are insufficient), but claims against the Second Defendant (a non-signatory) fall outside the arbitration clause and shall pr…