Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Steps in proceedings

Legal area

Court

21 Feb 2023

Universiti Malaya (UM) ESA JURUTERA PERUNDING SDN. BHD.

Citation

WA-22C-73-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-73-10/2022 (Mahkamah Tinggi)

Defendant had taken unreserved procedural steps—repeatedly requesting extensions of time to file a defence and serving a Notice to Produce Documents—without expressly reserving its arbitration rights; those acts amounted to submission to the court's jurisdiction and abandonment of the right to arbitrate, so the mandatory stay under s 10 Arbitration Act 2005 was refused.
29 Oct 2018

YEO ENG LAM INFINITY VANTAGE SDN BHD

Citation

N-02(IM)(NCVC)-507-03/2018 (Mahkamah Rayuan)
Court

IM
Case number

N-02(IM)(NCVC)-507-03/2018 (Mahkamah Rayuan)

Filing Enclosure 5 (application to disqualify plaintiff's solicitors) and subsequently filing a Statement of Defence and Counter-Claim without a clear and unequivocal reservation of the right to arbitration constituted "steps in the proceedings" under s.10(1). Therefore the stay application made thereafter was disqualified and the High Court's dismissal was correct.