JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an application to stay the suit to be referred to arbitration.

[2] The Plaintiff is a private limited company involved in the construction business.

[3] Likewise, the Defendant is a private limited company involved in the construction business.

Background Facts

[4] By a letter of award dated 2 September 2014 ("Contract"), the Defendant appointed the Plaintiff to carry out and complete the supply, delivery, installation, testing and commissioning of the fire fighting services, cold water, sanitary system and LPG system ("Works") for the 'Revitalization works for the Kompleks Tun Abdul Razak (KOMTAR) building' in Penang ("Project").

[5] After having carried out the Works, the Plaintiff made a claim against the Defendant for RM1,910,405.52 for unpaid work done.

[6] By reason of the failure, neglect or refusal of the Defendant to make the payment as claimed, the Plaintiff instructed its solicitors Messrs T G Lim & Partners to make a written demand dated 18 April 2019 upon the Defendant.

[7] However as the result of the Defendant's continuing failure to make payment, the Plaintiff commenced this suit on 30 September 2019.

[8] After having been se