Nik Hashim J:

Introduction

By a written sub-contract, the first, second and third defendants together in a joint venture, were the main contractor for the then "proposed formula one racing circuit facility and associated works at Kuala Lumpur International Airport, Sepang, Selangor Darul Ehsan" (hereinafter referred to as "F1 project"). The plaintiff was the nominated sub-contractor engaged by the employer to implement the works for the roof system of the said F1 project. The plaintiff's claim against the defendants is for the remaining contract sum of RM3,090,204.11 alleged to be owed by the defendants. The defendants have denied all along that they are indebted to the plaintiff for the sum for the reason that the plaintiff had failed to fulfil their obligations under the subcontract and to complete the sub-contract works. As a result of the plaintiff's breach of contract, the defendants had no choice but to engage third party to finish the works.

The plaintiff sued the defendants for the remaining contract sum. On 26 April 2000, the defendants entered a conditional appearance and took out a summons-in-chambers, and relying on an arbitration clause in the sub-contract, ap