7 Apr 2025
ACCENT TECHNIQUE SDN BHD KUALA LUMPUR AVIATION FUELLING SYSTEM SDN BHD
- Citation
- WA-24C(ARB)-50-07/2024 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-50-07/2024 (Mahkamah Tinggi)
While the Court accepts it has equitable power under section 30(5) Limitation Act 1953 to exclude arbitration time from limitation computation, the Plaintiff's application is barred by res judicata/issue estoppel because the KLHC decision of 8.2.2024 invalidating the arbitration is final under section 18(10) Arbitration Act 2005; the Plaintiff also failed to follow required procedures and cannot separately maintain the arbitration absent proper sanction and distinct arbitration agreement, therefore the originating summons is dismissed with costs.