27 Jul 2020
PERTAMA FERROALLOYS SDN BHD (Company No.: 924100-P) SAC TEC (MALAYSIA) SDN BHD (Company No.: 1016458-U)
- Citation
- WA-24NCC(ARB)-2-01/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-2-01/2020 (Mahkamah Tinggi)
The High Court found the arbitral tribunal had made an express (albeit limited) positive jurisdictional ruling that it had jurisdiction to determine the defence of contractual set‑off under Clause 18 including set‑offs arising under the Other Contracts, even if it would not determine disputed sums; because the tribunal ruled it had jurisdiction s18(8) permitted the Plaintiff to appeal to the High Court, the High Court therefore had jurisdiction and Enclosure 30 (challenge to that Decision) failed; the Defendant was estopped from recharacterising its original plea to contend otherwise.