Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Arbitration agreement in writing
  • 3 Dec 2019

    PROJALMA SDN BHD FRUHPC CONCEPT SDN BHD

    Citation
    WA-12ANCVC-107-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12ANCVC-107-05/2019 (Mahkamah Tinggi)

    There was no binding arbitration agreement for the five contested Singapore projects because the work orders and appended standard terms containing arbitration clauses were not signed by FRUHPC; therefore s10 Arbitration Act 2005 did not require a stay. The counterclaim disclosed triable issues and the joinder of individuals was permitted under Order 15 r.3, so the counterclaim could not be struck out summarily under Order 18 r.19 and should be tried together; accordingly the lower court's dismissal of the applicant's applications was correct and is affirmed with costs RM5,000.00.