6 Oct 2020
1. ) TIME RINA INTERNATIONAL LTD 2. ) TIME MARINE SERVICES SDN BHD 3. ) HAMIDON BIN MD KHAYON 4. ) PUTERI NAZRAHTUL BINTI OMAR 5. ) AZMEL HAFIZ BIN AZIZ 6. ) OMAR BIN KHALID NAM CHEONG INTERNATIONAL LTD
- Citation
- WA-27NCC-54-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-54-06/2020 (Mahkamah Tinggi)
The court granted a stay as to the 1st Defendant because the Memorandum of Agreement, the Barecon Charters and the Seller's Credit Agreement unambiguously referred disputes to arbitration (in Malaysia for the MOA/Barecon and Singapore SIAC for the Seller's Credit) and s.10(1) of the Arbitration Act 2005 mandates a stay where a valid arbitration agreement exists; however the court dismissed the stay application as to Defendants 2–6 because the corporate and personal guarantees did not contain or expressly incorporate the arbitration clauses and there were no clear contractual words incorporati…