25 Aug 2022
MALAYSIAN RESOURCES CORPORATION BERHAD DESARU PEACE HOLDINGS CLUB SDN BHD
- Citation
- WA-24NCC(ARB)-22-04/2022 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-22-04/2022 (Mahkamah Tinggi)
Where parties have not agreed to exclude the arbitral tribunal's power under s19(1) AA 2005, an application for interim measures should ordinarily be made first to the arbitral tribunal; the High Court will only entertain such applications subsidiarily in exceptional circumstances (third parties, urgency, coercive enforcement, tribunal not constituted); no exclusion agreement existed here and the Court should not be deprived of its discretion by estoppel, therefore the Court dismissed the application and directed the parties to re-file before the arbitral tribunal.