7 Dec 2020
Tech Art Sdn Bhd Konsesi Kota Permatamas Sdn Bhd
- Citation
- WA-12ANCC-91-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-91-10/2020 (Mahkamah Tinggi)
The High Court allowed the appeal: where there is a valid and binding arbitration agreement between the third-party defendant and the defendant, s.10 Arbitration Act 2005 mandates a stay of the third-party proceedings if the stay application is made before taking any step; the Sessions Court erred in finding Enclosure 21 was a step and in dismissing the stay on the basis of potential duplication because the stay sought was limited to the third-party proceedings and the original suit between the plaintiff and defendants could continue; accordingly the third-party proceedings were stayed and co…