MACSTEEL INTERNATIONAL FAR EAST LIMITED vs LYSAGHT CORRUGATED PIPE SDN BHD & OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 708

COURT OF APPEAL PUTRAJAYA
MACSTEEL INTERNATIONAL FAR EAST LIMITED – Appellant
Versus
LYSAGHT CORRUGATED PIPE SDN BHD & OTHER APPEALS – Respondent

Petitioner Advocates:Oon Thian Seng,Leong Phing Ai ,Respondent Advocate: Cindy Goh Joo Seong,Loh Heng Yeong

Table of Content
1. details of supply contracts and payments. (Para 4 , 5 , 6 , 9 , 11 , 12)
2. arguments regarding stay application. (Para 17 , 18)
3. court's reasoning on arbitration agreement validity. (Para 20 , 21 , 22)
4. court's discretion on anti-arbitration injunctions. (Para 23 , 24)
5. discussion on forgery and arbitration agreement. (Para 25 , 26 , 31 , 32)
6. jurisdiction for investigating arbitration agreement. (Para 28 , 30 , 34)
7. conclusion on discretion and appeals. (Para 37 , 39)

Lim Chong Fong JCA:

Introduction

[1] These are related appeals against the High Court's refusal to grant a stay of the proceedings and refer the parties to arbitration pursuant to s 10 of the Arbitration Act 2005 (" AA ") as well as consequential grant of an antiarbitration injunction to restrain the parties from continuing the arbitration proceedings commenced at the Hong Kong International Arbitration Centre.

[2] We heard the appeals on 15 August 2022 and thereafter dismissed them with costs of RM5,000.00 for each of the appeals subject to allocator and the proceedings be remitted back to the High Court to be heard before another Judge.

[3] The parties will hereinafter be referred by their name

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2023 MarsdenLR 708

COURT OF APPEAL PUTRAJAYAMACSTEEL INTERNATIONAL FAR EAST LIMITED – AppellantVersusLYSAGHT CORRUGATED PIPE SDN BHD & OTHER APPEALS – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
MACSTEEL INTERNATIONAL FAR EAST LIMITED – Appellant
Versus
LYSAGHT CORRUGATED PIPE SDN BHD & OTHER APPEALS – Respondent