KNM PROCESS SYSTEMS SDN BHD vs MISSION BIOFUELS SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 MarsdenLR 1347

HIGH COURT MALAYA KUALA LUMPUR
KNM PROCESS SYSTEMS SDN BHD – Appellant
Versus
MISSION BIOFUELS SDN BHD – Respondent

Table of Content
1. introduction of parties and contract details. (Para 1 , 1 , 2)
2. plaintiff contends dispute outside epcc scope. (Para 3 , 4)
3. defendant argues for arbitration stay based on contract. (Para 5 , 9 , 10)
4. court analyzes arbitration agreement construction. (Para 6 , 7 , 19)
5. court examines jurisdiction under arbitration act. (Para 8 , 11 , 20)
6. arbitration act amendments interpreted. (Para 12 , 15 , 16)
7. fiona trust principles on arbitration clause application. (Para 24 , 25)
8. comparison with past cases and applicability. (Para 26 , 27)

[1] In this action, the Plaintiff, as "contractor", has sued the Defendant, who is defined in the relevant contract as "the purchaser" for payment in respect of the delivery of a certain quantity of Deacidified Palm Oil and Catalyst Resins and the processing fees in respect thereof, totalling a sum of over RM804,123.10. The relevant contract is the "Engineering, Procurement, Construction and Commissioning Contract" ("EPCC Contract") dated 25 July 2007, which, according to the Plaintiff, is basically for the construction, completion and commissioning of a biodiesel project for use of 250,000 TPY Biodiesel and 27,308 TPY Technical

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2012 MarsdenLR 1347

HIGH COURT MALAYA KUALA LUMPURKNM PROCESS SYSTEMS SDN BHD – AppellantVersusMISSION BIOFUELS SDN BHD – Respondent

HIGH COURT MALAYA KUALA LUMPUR
KNM PROCESS SYSTEMS SDN BHD – Appellant
Versus
MISSION BIOFUELS SDN BHD – Respondent