29 Sept 2023
PT RAJAWALI CAPITAL INTERNATIONAL FIC PROPERTIES SDN. BHD.
- Citation
- WA-24NCC(ARB)-4-02/2023 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-4-02/2023 (Mahkamah Tinggi)
The stay application was dismissed because the Second Arbitration is a separate proceeding and does not constitute a cross-claim or equitable set-off in the same action; the applicant failed to demonstrate the exceptional special circumstances required under Malaysian law to deprive the successful party of the fruits of its registered and final arbitral award; accordingly execution of the judgment was not stayed and costs were awarded to the plaintiff.