31 Jul 2024
LOW YEE KIAN TIF HOLDINGS SDN BHD
- Citation
- BA-22NCvC-513-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-513-12/2023 (Mahkamah Tinggi)
The court granted the stay because there was a valid arbitration agreement covering the dispute, the Defendant had not taken any disqualifying steps in the proceedings (entry of appearance alone did not amount to a step), the exceptions in s10(1) (null, inoperative or incapable of being performed) did not apply, and the question of whether a 'bona fide dispute' exists is not a threshold for denying a stay where a dispute is pleaded; accordingly the matter must be referred to arbitration under s10(1).