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2019 MarsdenLR 141

COURT OF APPEAL PUTRAJAYA
ORANGE BUSINESS SERVICES (NETWORK) SDN BHD – Appellant
Versus
DEALTEL (MALAYSIA) SDN BHD & ANOTHER APPEAL – Respondent
[Civil Appeal Nos: W-02(IM)(NCVC)-808-04-2018 & W-02(IM)(NCVC)-812- 04-2018]



Petitioner Advocates:Bahari Yeow Tien Hong,Lim Zhi Jian ,Respondent Advocate: Ramesh Chandran,Sazarina

The court affirmed the necessity to refer disputes to arbitration per the arbitration agreement, preventing litigation on the same issues in different forums.

Headnote:This case involves two appeals against orders from the Kuala Lumpur High Court regarding a claim and counterclaim involving telecommunication services agreements. The court found that both claims were subject to an arbitration clause and that there were triable issues. It determined that the order to stay proceedings and refer to arbitration was correctly exercised to prevent multiplicity of proceedings. Judgment was made to dismiss both appeals.

Table of Content
1. court affirms previous orders and addresses appeals. (Para 1 , 2)

[1] There were two appeals before us. The appeals were against three orders made by the Kuala Lumpur High Court on 19 March 2018. The orders were made in respect of a claim and counterclaim filed by the parties in the civil suit. In summary, the learned judge had:

(a) dismissed a summary judgment application by the plaintiff;

(b) ordered a stay of the plaintiff's claim pending arbitration; and

(c) ordered a stay of the defendant's counterclaim.

[2] Aggrieved with the said orders, both the plaintiff and the defendant in the High Court filed the instant appeals. After hearing the parties and taking into consideration the written submissions, we dismissed both appeals and affirmed the orders of the High Court. Our reasons for doing so now follow and will constitute the judgment of the Court. For convenience the parties will be referred to as they were in the High Court.

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