30 Jul 2020
SAMLING RESOURCES SDN BHD 1. ) EKOVEST BERHAD 2. ) EKOVEST CONSTRUCTION SDN BHD
- Citation
- WA-22C-7-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-7-01/2020 (Mahkamah Tinggi)
The court found Clause 15 of the JVA created a valid arbitration agreement between the Plaintiff and D2 and therefore a stay under s 10 AA 2005 was mandatory as to D2; however, exercising its s 10(2) discretion the court imposed a condition that the D2 arbitration proceed only after resolution of the Plaintiff's claim against D1 because D1 is not party to the JVA, there is substantial factual overlap and real risk of inconsistent findings and duplicative proceedings; D1's application for a stay was dismissed because D1 failed to show special or compelling circumstances to justify a stay as a…