26 Jun 2018
1. APEX MARBLE SDN BHD (Company Registration No. 669745-X) 2. MCORE SDN BHD (Company Registration No. 599497-H) LEONG TAT YAN (NRIC NO. 760730-04-50870)
- Citation
- W-02(NCvC)(W)-202-01/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-202-01/2018 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal, set aside the High Court's stay. It held s.10 did not apply because the defendant was not a party to the arbitration agreement and any stay against a non‑party requires rare and compelling circumstances. Further, the defendant had taken unqualified steps in the proceedings (including filing defence and counterclaim) without reserving arbitration rights and was therefore precluded from invoking s.10; the High Court erred in its exercise of discretion; appeal allowed and matter remitted to High Court.