4 Jan 2022
COCKETT MARINE OIL (ASIA) PTE LTD MISC BERHAD
- Citation
- W-02(IM)(ADM)-252-02/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(ADM)-252-02/2021 (Mahkamah Rayuan)
The Court of Appeal held that the High Court erred by making a conclusive factual determination that no binding arbitration agreement existed; there was prima facie evidence that the appellant's terms (including an arbitration clause) were incorporated by reference via hyperlink and the Confirmation of Supply, and therefore the High Court should have stayed the proceedings under s.10 Arbitration Act 2005 and referred the matter to arbitration; appeals allowed and High Court decisions set aside.