7 Sept 2020
FELDA INVESTMENT CORPORATION SDN BHD [No. Syarikat: 201301022616 (1052445-A)] SYNERGY PROMENADE SDN BHD [No. Syarikat: 200001014378 (516984-D)]
- Citation
- WA-24NCC(ARB)-5-01/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24NCC(ARB)-5-01/2020 (Mahkamah Tinggi)
Article 9.04 is not pathological or void; the Development Agreement contained an arbitration agreement; Section 18 Arbitration Act 2005 gives the arbitral tribunal primary jurisdiction to rule on its own jurisdiction and validity of the arbitration agreement, with limited recourse to the High Court by way of appeal under s.18(8); the Plaintiff’s remedy was to raise jurisdictional objections before the tribunal (and, if applicable, appeal its preliminary ruling), not to obtain a permanent anti-arbitration injunction. Accordingly the originating summons seeking a permanent injunction was dismis…