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2025 MarsdenLR 4380

HIGH COURT MALAYA KUALA LUMPUR
ZECON ENGINEERING & CONSTRUCTION SDN BHD – Appellant
Versus
POSCO ENGINEERING & CONSTRUCTION CO LTD – Respondent


Petitioner Advocates:Mohanadass Kanagasabai,Syarihah Razman,Thomas Shaun Mathews ,Respondent Advocate: Avinash Pradhan,Rubini Murugesan,Sivaram Prasad

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] The Court heard the following applications with the consent of the parties:

(a) the application by the Plaintiff in the Originating Summons ('O.S.') for, among others,:

(i) a declaration that the arbitration agreement originally entered between the Plaintiff and Posco Engineering Co Ltd ('PEN') is inoperative, including as against the Defendant (prayer 1) and further, or in the alternative, that the Defendant has abandoned or waived any rights to proceed with arbitration against the Plaintiff that it claims under the arbitration agreement between the Plaintiff and PEN (prayer 2);

(ii) an order that the Defendant, its servants or agents be restrained from continuing or proceeding with the arbitration proceedings against the Plaintiff (prayer 3); and

(iii) a consequential order that the Defendant bear all costs in connection or arising from the arbitration against the Plaintiff (prayer 4)

('Declaration & Permanent Injunction Application');

(b) the application by the Plaintiff (encl 3) for an order that the Defendant, its servants or agents be restrained from continuing or proceeding with the arbitration proceedings against the Plaintiff pending di


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