25 Oct 2021
SABAH SHELL PETROLIUM COMPANAY LIMITED GUMUSUT KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED
- Citation
- wa-24c-(arb)-10-05/2020 (Mahkamah Tinggi)
- Court
- arb
- Case number
- wa-24c-(arb)-10-05/2020 (Mahkamah Tinggi)
The automatic stay in Order 69 r.8(7)(b)(ii) applies to court modes of enforcement listed in Order 45 r.1 and r.1A only; it does not prevent a party from exercising a contractual or equitable right of set-off, and where the arbitral tribunal has awarded or recognised set-off the award creditor may effect set-off against monies due under the contract; waiver, estoppel and merger were not established on the facts, therefore the application to restrain set-off was dismissed.