28 Aug 2024
1. ) SAMALAJU INDUSTRIES SDN BHD 2. ) CAHYA MATA PHOSPHATE INDUSTRIES SDN BHD (FORMERLY KNOWN AS MALAYSIAN PHOSPHATE ADDITIVE (SARAWAK) SDN BHD) MALAYSIAN PHOSPHATE VENTURE SDN BHD
- Citation
- WA-24NCC(ARB)-17-05/2024 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-17-05/2024 (Mahkamah Tinggi)
The application to refer constitutional questions directly to the Federal Court under section 84 was dismissed because the issues raised (whether minority oppression claims under the Companies Act are non-arbitrable) do not require special or ambiguous constitutional interpretation by the Federal Court, there is no clear statutory prohibition precluding arbitration of such shareholder disputes and the High Court is the appropriate forum to decide these issues (with the plaintiffs free to raise challenges later under section 37 or at the hearing of Enclosure 1).