20 Oct 2020
SSANGYONG ENGINEERING & CONSTRUCTION CO. LTD (Company No: 993399-M) JALEX SDN BHD (Company No: 176538-U)
- Citation
- W-02(IM)(NCVC)-1767-09/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCVC)-1767-09/2019 (Mahkamah Rayuan)
The Court held that the plaintiff's claim for the unpaid balance arises out of the subcontract and falls within the broad arbitration clauses (clause 14 and 19); under section 10(1) Arbitration Act 2005 a stay is mandatory where proceedings concern a matter subject to an arbitration agreement unless that agreement is null and void, inoperative or incapable of being performed; the High Court erred in refusing the stay on the basis there was no dispute or because no pre‑reference to the Employer's Representative was made; appeal allowed, High Court decision set aside, matter stayed and referred…