30 Oct 2023
GISE KAM KWAN INTERNATIONAL TRADE LTD Antara Steel Mills Sdn. Bhd.
- Citation
- W-02(IM)(NCvC)-2329-12/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-2329-12/2022 (Mahkamah Rayuan)
The Court of Appeal held the recital reference to the main agreements did not incorporate the arbitration clause into the TSA because the operative part of the TSA contains a new and differently worded dispute resolution clause (Clause 6) referring to taking 'legal action' and recovering 'court fee', indicating the parties intended court recovery proceedings and that the TSA is a standalone settlement superseding the main agreements; accordingly the High Court's stay under s10 AA2005 was set aside and the matter remitted to the High Court.