31 Oct 2023
STAMFORD COLLEGE (MALACCA) SDN BHD ASIA PACIFIC HIGHER LEARNING SDN BHD
- Citation
- BA-22NCvC-348-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-348-08/2023 (Mahkamah Tinggi)
The stay application was dismissed because the court found the existence, construction and enforceability of the arbitration clauses were put in dispute and required adjudication on the merits; the defendant's conduct and position rendered the arbitration clause inoperative and public interest concerns (protection of affected students under statutory scheme) weighed against referring the dispute to arbitration, so the mandatory stay under s.10 did not apply.