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HIGH COURT MALAYA KUALA LUMPUR
CLLS POWER SYSTEM SDN BHD – Appellant
Versus
SARA-TIMUR SDN BHD (ENCL 4) – Respondent
| Table of Content |
|---|
| 1. defendant's claim involves an application for a stay pending arbitration based on an alleged agreement. (Para 1 , 4 , 5) |
| 2. plaintiff objects to stay due to lack of arbitration agreement and prior steps taken. (Para 7 , 26) |
| 3. court reaffirms jurisdiction remains intact despite potential arbitration agreements. (Para 8 , 9 , 10 , 18 , 36) |
| 4. steps taken by defendant prior to stay application voids the request under s 10. (Para 27 , 28 , 29) |
[1] Enclosure (4) is the Defendant's application for stay of these Court proceedings under s 10 of the Arbitration Act 2005 [Act 646]. It is the Defendant's case that the subject matter of the Plaintiff's claim falls within the ambit of the arbitration clause. Pursuant to s 10, it is mandatory that the Court grants a stay and refer the parties and/or the claim to arbitration, the parties' preferred choice for resolution of their disputes or differences.
[2] The Defendant's application is supported by the affidavit of its Senior Vice President, James Lees affirmed on 10 December 2014 [enclosure 5]; to which the Plaintiff has replied through its General Manager, Quah Kim Huat's affidavit affirmed on 26 December
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