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1999 MarsdenLR 1650

NIK HASHIM
DAEWOO CORPORATION – Appellant
Versus
BAUER (MALAYSIA) SDN BHD (NO 2) – Respondent


Advocates:
For the plaintiff - MK Chen; M/s Azman, Davidson & Co For the defendant - RR Sethu (Swee Im Tan with him); M/s David Chong & CoReported by Usha Thiagarajah

JUDGMENT

Nik Hashim J:

The plaintiff, Daewoo Corporation, applied by way of this Originating Summons (the 2nd OS) for the following:

(a) a declaration that Mr. John L. Lim, the Arbitrator, in the arbitration between the plaintiff and the defendant (Bauer (Malaysia) Sdn. Bhd.) does not possess the jurisdiction to adjudicate the disputes between the plaintiff and the defendant in respect of the four (4) work orders: PRP-A-005, PRP- A022, PRP-A-026 and PRP-A-037 (the 4 work orders);

(b) an order that Mr. John L. Lim and the defendant be restrained and that an injunction be granted restraining them from proceeding further with the arbitration in respect of the 4 work orders;

(c) that the defendant shall pay the plaintiff the costs of and occasioned by this application.

The grounds of this application that Mr. John L. Lim does not have jurisdiction or power to adjudicate on the dispute between the plaintiff and the defendant in relation to the above-mentioned work orders are explained in the affidavit of Ng Ho Fatt, the general manager of the plaintiff.

The plaintiff is the main contractor and the defendant is the subcontractor in respect of the 13 work orders. Disputes and differe

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