27 Nov 2019
PEMBINAAN LIMBONGAN SETIA BERHAD JOSU ENGINEERING CONSTRUCTION SDN BHD
- Citation
- WA-24C(ARB)-56-12/2017 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-56-12/2017 (Mahkamah Tinggi)
The Court held the Consent Order and agreed arbitration terms showed the parties intended the arbitration to be governed by the Arbitration Act 2005 including s.42; the Plaintiff's s.42 reference was filed within time and the repeal of s.42 was prospective and did not affect the Plaintiff's application; the Defendant's striking out application was dismissed for inordinate delay and abuse of process; on the merits the Arbitrator's factual findings and application of the prevention principle were tenable given absence of critical path/concurrent delay evidence and thus neither party was entitle…