1 Sept 2021
CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD (COMPANY NO.: 201301030805 (1060634-X)) ASTAKA PADU SDN BHD (COMPANY NO.: 199301012127 (266865-X))
- Citation
- JA-22NCvC-190-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-190-12/2020 (Mahkamah Tinggi)
The Settlement Agreement did not incorporate the Contract's arbitration clause because the reference was not such as to make that clause part of the Settlement Agreement and the Settlement Agreement contained its own clause permitting immediate legal proceedings; additionally the Defendant filed a counterclaim which amounted to taking a step in court proceedings. Therefore the preconditions for a stay under section 10 Arbitration Act 2005 were not met and the stay application was dismissed.