13 Nov 2025
APEX COMMUNICATIONS SDN BHD SUMBER KHAZANAH SDN BHD (DALAM LIKUIDASI)
- Citation
- W-02(IM)(C)-1547-09/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(C)-1547-09/2023 (Mahkamah Rayuan)
The Court of Appeal held that the IESB letter of appointment incorporated all terms of the 2nd subcontract including the arbitration and exclusive jurisdiction clauses thereby binding SKSB; the word 'may' in the arbitration clause, read in context, does not permit resort to court litigation but gives the subcontractor the choice to accept the officer's decision or, if dissatisfied, to refer the dispute to arbitration (mandatory avenue if impugning); Apex's requests for extensions did not amount to abandonment of arbitration rights; accordingly the High Court's finding that arbitration was opt…