7 Jan 2021
COCKETT MARINE OIL (ASIA) PTE LTD MISC BERHAD
- Citation
- WA-27NCC-46-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-46-05/2020 (Mahkamah Tinggi)
The court found the supply contract was formed on the Plaintiff's tender terms (which contained an exclusive Malaysian jurisdiction clause), a footer hyperlink was insufficient to incorporate the Defendant's arbitration terms, and the Defendant voluntarily took a step in the proceedings (seeking and obtaining an extension to file a Defence in case management) thereby submitting to the court's jurisdiction; accordingly the stay under s.10 Arbitration Act 2005 was refused and an anti-arbitration injunction was granted.