HIGH COURT MALAYA KUALA LUMPUR
CRCC MALAYSIA BERHAD – Appellant
Versus
DSG PROJECTS MALAYSIA SDN BHD – Respondent
JUDGMENT
Introduction
[1] This is an application by the plaintiff pursuant to s 19H of the Arbitration Act 2005 (' AA 2005'); O 7, O 28, O 45 r 6 and O 92 r 4 of the Rules of 2012 ('ROC 2012') and/or the inherent jurisdiction of the Court for, inter alia, the following reliefs:
(a) that the decision by the learned Arbitrator, Mr Chong Thaw Sing ('Arbitrator') dated 14 December 2020, pursuant to the application for security for costs under s 19(2)(e) AA 2005 by the plaintiff as the claimant in the arbitration proceedings in ordering the defendant as the respondent in the said proceedings to deposit RM250,000.00 to be held jointly by the parties solicitors ('Interim Measures'), be enforced as if it is a judgment or Order of the High Court;
(b) that in the event the above prayer is allowed, the defendant shall pay security for costs of RM250,000.00 to the plaintiff's solicitors to be held as stakeholders within 14 days from the date of the Order; and
(c) that if the defendant fails to adhere to the Order, enforcement proceedings may be taken against the four directors of the defendant so as to compel them to adhere to the Order.
[2] The cause papers which were filed in
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