23 Jan 2025
MODKHA MARINE SDN. BHD. RAIN INTERNATIONAL SDN. BHD.
- Citation
- BA-22NCvC-103-03/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-103-03/2024 (Mahkamah Tinggi)
Having granted a mandatory stay under s10 of the Arbitration Act 2005 because a valid arbitration clause existed and the agreement remained operative, the court was functus in respect of making any order contrary to that stay; an application to direct mediation would conflict with the stay and thus must be dismissed. Voluntary mediation remains available but the court cannot compel or direct mediation in substitution for the arbitration referral absent variation or setting aside of the stay.