7 Nov 2024
QUEK PECK KEOW EXTRA EXCEL (MALAYSIA) SDN BHD
- Citation
- JA-24NCC(ARB)-2-04/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- JA-24NCC(ARB)-2-04/2022 (Mahkamah Tinggi)
The court found the applicable agreement was the EEPP 2015 which did not authorize the Defendant to refer the 2018 and 2020 disputes to arbitration; the Defendant's June 2021 unilateral amendment cannot be applied retrospectively to validate arbitration of earlier disputes; consequently there was no valid arbitration agreement and the court granted a permanent injunction restraining the Defendant from proceeding with the arbitration and allowed the Plaintiff's originating summons with costs.