Malaysia Case Law: Decisions & Judgments

Topic

Stay of proceedings under s10 arbitration act 2005

Legal area

Court

7 Sept 2023

IBN HIGHLAND SDN. BHD. ZHONGJI CONSTRUCTION SDN. BHD.

Citation

WA-12ANCC-20-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-20-03/2023 (Mahkamah Tinggi)

The 2nd Agreement is a separate and final settlement that contains no arbitration clause and does not reference the 1st Agreement; therefore the dispute is founded on the 2nd Agreement and s10 does not apply. Additionally, the purported arbitration clause in the 1st Agreement is internally inconsistent and uncertain (referring to submission to the Malaysian court and to arbitration), rendering it void/inoperative; accordingly no stay under s10 is merited.
4 Aug 2023

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Citation

WA-22C-24-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-24-03/2021 (Mahkamah Tinggi)

Court held that valid, binding and capable arbitration agreements existed in the relevant Letters of Award; the arbitration clause in LA 24.8.2016 was sufficiently certain to refer disputes to the Singapore International Arbitration Centre (SIAC); under s10 Arbitration Act 2005 a mandatory stay was required and the court must refer the parties to arbitration, leaving factual disputes about a putative Collaboration Agreement and multiplicity issues to the arbitral tribunal or later determination.
20 Oct 2021

1. ) Lysaght Corrugated Pipe Sdn Bhd 2. ) Lysaght Galvanized Steel Berhad 1. ) Popeye Resources Sdn Bhd 2. ) Macsteel International Far East Limited

Citation

WA-22NCC-109-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-109-03/2021 (Mahkamah Tinggi)

On the available evidence the Court found insufficient proof of a concluded and valid arbitration agreement in the impugned contracts alleged to be forged; applying the full‑merits evaluation (not the prima facie test) the Court dismissed the 2nd Defendant's s10 stay application (Enclosure 44) and granted the Plaintiffs' anti‑arbitration injunctions (Enclosures 15 and 28), directing the matter to trial to determine existence/validity of the contracts and arbitration clause.

Malaysia Case Law

IBN HIGHLAND SDN. BHD. ZHONGJI CONSTRUCTION SDN. BHD.

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

1. ) Lysaght Corrugated Pipe Sdn Bhd 2. ) Lysaght Galvanized Steel Berhad 1. ) Popeye Resources Sdn Bhd 2. ) Macsteel International Far East Limited