5 Nov 2020
IFCI LIMITED 1. BISHOPGATE CAPITAL LIMITED 2. ARCHIPELAGO INSURANCE LIMITED
- Citation
- WA-22NCC-705-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-705-12/2019 (Mahkamah Tinggi)
The court held that the AIL Policy contained a broad arbitration agreement covering the dispute, that the 2nd Defendant had not unequivocally taken a step abandoning its right to arbitration because its conduct (request for extension and defence filed expressly without prejudice) was to preserve the status quo pending a prompt stay application, and that the arbitration agreement was not null, void, inoperative or incapable of performance; accordingly section 10(1) Arbitration Act 2005 mandated a stay and referral to arbitration (Enclosure 12 allowed).