Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stay of proceedings under arbitration clause

Legal area

Court

15 Aug 2022

Macsteel International Far East Limited Lysaght Galvanized Steel Berhad

Citation

W-02(IM)(NCC)-2003-10/2021 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-2003-10/2021 (Mahkamah Rayuan)

The Court held the learned Judicial Commissioner did not misapply his discretion in refusing the s.10 stay and granting anti-arbitration injunctions because there was a serious factual dispute (allegations of forgery) that required a fuller investigation which, on balance and for reasons of justice and convenience (including subpoena power), should be carried out by the Malaysian High Court; accordingly the appeals were dismissed and the High Court's directions and injunctions were upheld.
15 Nov 2019

NATUREL WELLNESS SDN BHD 1. ) TRISUCCESS GLOBAL SDN BHD 2. ) MOHD SHAHRILWAN BIN MOHD SIDEK 3. ) CHONG KA SEN 4. ) LEONG CHI SENG 5. ) CHOW HON YONG

Citation

FA-A72NCvC-9-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

FA-A72NCvC-9-07/2019 (Mahkamah Majistret)

The court found an arbitration clause in the distribution agreement but, on the balance of probabilities and given the parties' conduct at case management and the absence of a stayed position, the court dismissed the defendants' interlocutory application and struck out the Plaintiff's writ and statement of claim with costs of RM1,000; the practical failure of the parties to agree to arbitration and the procedural posture led the court to these orders.