4 Aug 2023
Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.
- Citation
- WA-22C-24-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-24-03/2021 (Mahkamah Tinggi)
Enclosure 121 is dismissed because distinct arbitration agreements exist between the parties and the Arbitration Act 2005 governs arbitration matters; section 24A(2) CJA is inapplicable where arbitration agreements govern, the issues raised were previously decided (res judicata/functus officio) and the application amounts to abuse of process and estoppel; party autonomy and arbitration procedures (including appointment of experts) must be respected.