COURT OF APPEAL PUTRAJAYA
COCKETT MARINE OIL (ASIA) PTE LTD – Appellant
Versus
MISC BERHAD & ANOTHER APPEAL – Respondent
JUDGMENT
Introduction
[1] These are appeals by the appellant/defendant in the High Court ('Cockett Marine') against two decisions by the Learned Judicial Commissioner ('LJC'): to dismiss the defendant's application for a stay of proceedings in favour of arbitration [Enclosure 16] and to allow the plaintiffs ('MISC's] application [Enclosure 22] for an anti-arbitration injunction to restrain Cockett Marine from taking any further steps in the said arbitration proceedings. Encl 16 was made pursuant to s 10 of the Arbitration Act, 2005 (' AA 2005') whereas Encl 22 was pursuant to O 29, r 1 of the Rules of , 2012. ('O 29, r 1, ROC').
Brief Facts
[2] The appellant is a Singaporean company which supplies bunker fuel for shipping vessels. The respondent is a bunker supplier and is the owner of a vessel, Seri Amanah ("the Vessel").
[3] On 28 August 2018 the plaintiff invited the defendant and a number of other bunker suppliers to tender for the supply of bunkers for delivery by barge to the Vessel on 10 September 2018. A series of emails were exchanged between the plaintiff and defendant's officers on 28 August 2018 leading to the Tender being awarded to the defendant.
[4]
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