Malaysia Case Law: Decisions & Judgments

Topic

Stay of proceedings under s.10 arbitration act 2005

Legal area

Court

30 Jan 2026

PERBADANAN KEMAJUAN PERTANIAN NEGERI PAHANG NADA RIMBA SDN BHD

Citation

CB-24NCvC-128-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-128-06/2025 (Mahkamah Tinggi)

The court held the dispute concerns statutory rights and the statutory remedy of removal of a private caveat under Section 327 National Land Code which vests exclusive power in the Court/Registrar and is not capable of determination by arbitration; accordingly the arbitration clause is inoperative for the relief sought and, compounded by the Defendant's failure to commence arbitration and attempt to compel the Plaintiff to do so, a stay under s.10 Arbitration Act 2005 is refused.
20 Mar 2024

EXTRA EXCEL (M) SDN. BHD QUEK PECK KEOW (p)

Citation

JA-12A-19-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-19-06/2022 (Mahkamah Tinggi)

The High Court held the applicable EEPP for the disciplinary proceedings and suspension was the 2011 version; the 2021 unilateral amendment (Improvised Arbitration Agreement) could not be applied retrospectively. The Appellant failed to prove the appointment of the required Disciplinary Committee or compliance with Chapter 10 EEPP; that non‑compliance amounted to denial of natural justice and rendered the disciplinary proceedings and suspension invalid. Consequently the stay applications were not made out and the Sessions Court's decision allowing the Respondent's originating summons (declari…
15 Aug 2022

Macsteel International Far East Limited Lysaght Corrugated Pipe Sdn Bhd

Citation

W-02(IM)(NCC)-2002-10/2021 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-2002-10/2021 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's exercise of discretion refusing the s.10 stay and granting anti-arbitration injunctions because the validity of the arbitration agreements was genuinely in dispute on allegation of forgery, the High Court was the more appropriate forum to investigate limited issues of validity (including subpoena power over local intermediary PR), and no court properly addressing the facts would have decided otherwise; therefore appeals dismissed.
4 Jan 2022

COCKETT MARINE OIL (ASIA) PTE LTD MISC BERHAD

Citation

W-02(IM)(ADM)-251-02/2021 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(ADM)-251-02/2021 (Mahkamah Rayuan)

The Court of Appeal held the Learned Judicial Commissioner erred by making a conclusive factual finding that the alleged arbitration clause was not binding; there was a prima facie case that Cockett’s terms (including the arbitration clause) were incorporated by reference via hyperlink and by the Confirmation of Supply, and accordingly the High Court should have stayed proceedings under s.10 AA 2005 and referred the dispute to arbitration; the High Court decision dismissing the stay and granting the anti-arbitration injunction was set aside and the appeals allowed with costs.

Malaysia Case Law

PERBADANAN KEMAJUAN PERTANIAN NEGERI PAHANG NADA RIMBA SDN BHD

EXTRA EXCEL (M) SDN. BHD QUEK PECK KEOW (p)

Macsteel International Far East Limited Lysaght Corrugated Pipe Sdn Bhd

COCKETT MARINE OIL (ASIA) PTE LTD MISC BERHAD