15 Oct 2021
KNM PROCESS SYSTEMS SDN BHD CYPARK SDN BHD
- Citation
- B-02(C)(A)-581-04/2020 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-581-04/2020 (Mahkamah Rayuan)
The Court of Appeal dismissed all four appeals and upheld the High Court's exercise of discretion under s.11(1) Arbitration Act 2005 to grant interim injunctions restraining the defendant from demanding or receiving proceeds of the two bank guarantees pending the final arbitral award, endorsing that intervention is permissible where there is a seriously arguable case of unconscionability and that the Court may attach conditions (require renewal/extension of guarantees) as necessary to preserve the status quo; however, final reliefs (declarations/damages) are beyond s.11 and were set aside.