PRESS METAL SARAWAK SDN BHD vs ETIQA TAKAFUL BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1029

FEDERAL COURT PUTRAJAYA
PRESS METAL SARAWAK SDN BHD – Appellant
Versus
ETIQA TAKAFUL BERHAD – Respondent

Table of Content
1. overview of the case background and parties' involvement. (Para 1 , 2 , 3 , 5 , 6 , 7 , 8)
2. arguments regarding the applicability of the arbitration clauses. (Para 14 , 15 , 18 , 20 , 22 , 24)
3. interpretation of s 10(1) of the arbitration act. (Para 27 , 28 , 32)
4. final court conclusion affirming arbitration and dismissing appeal. (Para 112 , 114)

Ramly Ali FCJ:

The Appeal

[1] The appellant in the present appeal before us was the plaintiff at the High Court, while the respondent was the defendant. This appeal is against the decision of the Court of Appeal made on 30 October 2014, dismissing the plaintiffs appeal relating to the decision of the High Court made on 12 June 2014, whereby the learned High Court Judge granted a stay of proceedings pending referral of the dispute to arbitration, based on an application made by the defendant pursuant to s 10 of the Arbitration Act 2005 (the 2005 Act). In this judgment, the parties will be referred to as they were in the High Court.

The Parties

[2] At all material times, the plaintiff, Press Metal Sarawak Sdn Bhd, was a company incorporated in Malaysia with a registered address at Lots 15 and 37, Block 20, Kemena Land Dis

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2016 MarsdenLR 1029

FEDERAL COURT PUTRAJAYAPRESS METAL SARAWAK SDN BHD – AppellantVersusETIQA TAKAFUL BERHAD – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
PRESS METAL SARAWAK SDN BHD – Appellant
Versus
ETIQA TAKAFUL BERHAD – Respondent