23 Dec 2021
F.H. BERTLING PROJECTS LOGISTICS SDN. BHD (NO. SYARIKAT : 200901011326(854351-U) SAPURA FABRICATION SDN. BHD. (NO. SYARIKAT : 198201003562(83307-K)
- Citation
- WA-22NCVC495-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC495-09/2021 (Mahkamah Tinggi)
The court found the arbitration clauses in the STC (section 9.2) and the General Conditions (Clause 26(b)) were validly incorporated and applicable; the language mandated referral to arbitration and under section 10(1) Arbitration Act 2005 the court must stay proceedings when a party applies before taking other steps. The defendant had not unequivocally waived its right to arbitrate. Therefore the interlocutory application to stay the court proceedings in favour of arbitration was allowed.