18 Sept 2023
SUMBER KHAZANAH SDN BHD (DALAM LIKUIDASI) APEX COMMUNICATIONS SDN BHD
- Citation
- WA-22C-76-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-76-10/2022 (Mahkamah Tinggi)
Although the Letter of Award prima facie incorporated the terms of the Package S8 Sub-Contract including clause 38, clause 38 was drafted as permissive and clause 39 contained an express submission to Malaysian courts; therefore arbitration was not mandatory and the defendant's application for a stay to refer to arbitration was dismissed. The defendant had not abandoned the right to arbitrate but the arbitration clause was optional in the contract as construed.