7 Sept 2023
IBN HIGHLAND SDN. BHD. ZHONGJI CONSTRUCTION SDN. BHD.
- Citation
- WA-12ANCC-20-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-20-03/2023 (Mahkamah Tinggi)
The 2nd Agreement is a separate and final settlement that contains no arbitration clause and does not reference the 1st Agreement; therefore the dispute is founded on the 2nd Agreement and s10 does not apply. Additionally, the purported arbitration clause in the 1st Agreement is internally inconsistent and uncertain (referring to submission to the Malaysian court and to arbitration), rendering it void/inoperative; accordingly no stay under s10 is merited.