2 Aug 2023
JKP SDN. BHD. Anas Construction Sdn. Bhd.
- Citation
- P-02(IM)(NCvC)-2008-10/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- P-02(IM)(NCvC)-2008-10/2022 (Mahkamah Rayuan)
The Court held that the defendant had invoked the court's jurisdiction by applying to strike out the claim (thereby taking a further step and waiving the right to a s 10 stay) and, alternatively, that the arbitration agreement had become inoperative because the defendant wilfully refused to pay its share of the AIAC deposit under the incorporated AIAC Arbitration Rules; accordingly the High Court's stay was set aside and the appeal allowed.