13 Jul 2021
WCT Construction Sdn Bhd (No. Syarikat: 140381-U) Muhamad Azra bin Bani [Berniaga sebagai "Redong Enterprise"] (No. Pendaftaran: JM0337225-T)
- Citation
- JA-12ANCC-15-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12ANCC-15-09/2020 (Mahkamah Tinggi)
The court held that the arbitration clause was valid and operative and that the Defendant had not taken any step in the court proceedings that would amount to waiver of the right to arbitrate (filing an appearance and attending case management did not constitute such a step); Clause 39 merely required an attempt at amicable settlement within 30 days and did not preclude relief under section 10; therefore a mandatory stay under section 10 of the Arbitration Act 2005 was required and the appeal was allowed.