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2020 MarsdenLR 1156

HIGH COURT MALAYA KUALA LUMPUR
TENAGA NASIONAL BERHAD – Appellant
Versus
SINOHYDRO CORPORATION LIMITED & ANOR – Respondent


Petitioner Advocates:Sanjay Mohanasundram,Adam Lee Leong Soon,Kooy Wei Nee,Mak Kit Teng ,Respondent Advocate: Chan Sock Mun,Lim Shuk Kim

JUDGMENT

Lim Chong Fong J:

Introduction

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

[2] The Plaintiff is a Malaysian public limited company listed in the Bursa Saham and the only electric utility company in Peninsular Malaysia.

[3] The First Defendant is a limited company registered in the Peoples Republic of China and the Second Defendant is a registered Malaysian private limited company. They are both related companies.

Background And Preliminary

[4] By a contract No TNB 140/2013 ("Contract"), the Plaintiff appointed the Defendants to undertake the "Engineering, Procurement, Construction and Commissioning of 384.7 MW Combined Cycle Generating Plant Redevelopment Project at Connaught Bridge Power Station."

[5] The Contract, inter alia, contains the following dispute resolution clause:

20. Claims, Disputes and Arbitration

20.1. Contractor's Claims

If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment. under any Clause of these Conditions, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as prac


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