Appeals

[1] In both these appeals, the relevant clauses (governing the forum for dispute resolution) became the bone of contention in the Shah Alam High Court. On the application of the defendant, Kuala Dimensi Sdn Bhd (KDSB), the High Court invoked s 10 of the Arbitration Act 2005 ("s. 10") and granted a stay of proceedings in High Court Writ of Summons No: 22-1411-2009 and Originating Summons No: MT2-24-2186-2009 (collectively, "the High Court Actions") pending reference to arbitration. Being dissatisfied, the plaintiff, Port Klang Authority ("PKA"), lodged these appeals against the stay.

Factual Background

[2] The parties had entered into a total of six agreements viz:-

(1) Principal Development Agreement dated 27 February 2003 ("DA1");

(2) Supplemental Agreement dated 26 May 2003 ("DA2");

(3) Supplemental Agreement dated 27 May 2004 ("DA3");

(4) Supplemental Agreement for Additional Development Works dated 30 November 2005;

(5) Supplemental Agreement for Additional Development Works dated 26 April 2006; and

(6) Supplemental Agreement for New Development Works dated 26 April 2006.

[3] The relevant clauses (contained in DA1, DA2 and DA3) merit reproduction as follows:-

(1)