Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Multi-tier dispute resolution clause

Legal area

Court

27 Oct 2025

MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD HAUMEA OFFSHORE SDN BHD

Citation

JA-24NCvC-605-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-605-05/2025 (Mahkamah Tinggi)

The Defendant had substantially complied with the Clause 33 pre-arbitration requirements; the Plaintiff failed to establish a serious issue to be tried, failed to show damages would be inadequate, and the balance of convenience favoured allowing arbitration to proceed; accordingly the interlocutory injunction restraining arbitration was refused and the Plaintiff's application dismissed.
4 Sept 2025

ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

Citation

B-02(C)(A)-2128-12/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(A)-2128-12/2023 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's setting aside of the 2nd Final Award because the 2nd Arbitrator erred in summarily terminating the 2nd and 3rd arbitrations, thereby depriving the respondent of its right to be heard which constitutes a breach of natural justice and conflicts with public policy under s37; however the Court limited the respondent's available claims by holding that estoppel by conduct (the appellant's set-off letter and the respondent's acquiescence and subsequent court recognition) bars any further claims under Progress Certificates 32 & 33 and for the retention su…