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2021 MarsdenLR 3010

HIGH COURT MALAYA SHAH ALAM
VIRIDIS ENGINEERING SDN BHD – Appellant
Versus
RP CHEMICALS (MALAYSIA) SDN BHD – Respondent


Petitioner Advocates:Clinton Nicholas Gomez ,Respondent Advocate: Chng Keng Lung,Esther Koh

JUDGMENT

Alice Loke Yee Ching JC:

Introduction

[1] By way of a Notice of Application in encl 6, the Defendant seeks for a stay of the present proceedings pending arbitration. The specific prayers applied for, inter alia, are as follows:

(i) The entire proceedings in the High Court of Malaya Civil Suit No: BA-22NCVC-57-02/2021 be stayed pursuant to s 10 Arbitration Act 2005 [Act 646] and be referred to, and dealt with, in arbitration; and

(ii) All steps in this action including the filing of a Defence to the Writ of Summons and Statement of Claim dated 10 February 2021 be temporarily stayed pending disposal of this application.

[2] The orders sought for in the application are premised on s 10 of the Arbitration Act 2005 [Act 646], O 69 r 10 of the Rules of 2012, and/or the inherent jurisdiction of this Court.

Salient Facts

[3] The application of the Defendant stems from the following facts.

[4] The Plaintiff and the Defendant are companies incorporated in Malaysia. On 10 February 2021, the Plaintiff filed this action by way of a Writ of Summons and Statement of Claim. The claim of the Plaintiff is premised on a breach of contract entered into between the parties wherein at the Plaintiff


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