21 Oct 2021
LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD
- Citation
- BA-22NCVC-85-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-85-02/2021 (Mahkamah Tinggi)
The court held Clause 16 is a valid arbitration agreement and the dispute (including allegations of fraudulent claims arising from performance of the Sub-Contract) falls within its scope; section 10 mandates a stay where requirements are met; the court will not order the Defendant to pay the arbitration deposit because deposit and allocation of arbitration costs fall within the tribunal's and AIAC Director's jurisdiction; Plaintiff may advance the deposit to prevent stalling; accordingly the Defendant's stay application is allowed and proceedings are referred to arbitration.