JUDGMENT

Umi Kalthum Abdul Majid JCA:

A. Introduction

[1] Infinity Vantage Sdn Bhd, the Respondent/Plaintiff, filed an action against one Yeo Eng Lam, the Appellant/Defendant, vide Civil Suit No: NA-22NCvC-57-08/2017 at the High Court in Malaya at Seremban, Negeri Sembilan (the Civil Suit).

[2] The Respondent's/Plaintiffs claim was for breach of contract and the Respondent/Plaintiff was seeking a sum of RM 7,000,000.00 pursuant to a Joint Venture Agreement (JVA) dated 3 October 2014 between the parties. Clause 29.3 of the JVA provides that all disputes between the parties are to be referred to arbitration.

[3] On 17 October 2017, the Appellant/Defendant vide encl 8 at the High Court, filed an application under O 92 r 4 of the Rules of 2012 (ROC) and/or s 10 of the Arbitration Act 2005 (Act 646) to stay the proceedings at the High Court and to essentially refer the dispute to arbitration.

[4] On 8 February 2018, the High Court dismissed the Appellant's/Defendant's application in encl 8 with costs of RM 3,000.00 subject to the payment of the allocatur's fee.

[5] Aggrieved by the said decision, the Appellant/Defendant filed an appeal to this Court.

[6] For the purpose of this appeal, the pa