28 Aug 2024
1. ) SAMALAJU INDUSTRIES SDN BHD 2. ) CAHYA MATA PHOSPHATE INDUSTRIES SDN BHD (FORMERLY KNOWN AS MALAYSIAN PHOSPHATE ADDITIVE (SARAWAK) SDN BHD) MALAYSIAN PHOSPHATE VENTURE SDN BHD
- Citation
- WA-24NCC(ARB)-17-05/2024 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-17-05/2024 (Mahkamah Tinggi)
The court held the disputes (breaches of the Shareholders' Agreement and related claims that may be characterized as oppression under s346 Companies Act) fall within the arbitration clause; section 346 does not, by itself, render such claims non-arbitrable; the presumption of arbitrability applies and remedial limits of arbitrators do not negate arbitrability. Accordingly the plaintiffs' appeal was dismissed and costs awarded.