JUDGMENT

Tengku Baharudin Shah JCA:

(1) This is an appeal against the decision of the learned judicial commissioner (JC) who dismissed the appellant/plaintiffs (the plaintiff) appeal against the decision of the learned Deputy Registrar of the High Court (the DR) in striking out the substantive part of the plaintiffs claim against the respondent/defendants (the defendants) under O. 18 r. 19(b) and/or (d) of the Rules of the High Court 1980 (RHC). We heard arguments of learned counsel for the respective parties and came to a unanimous conclusion that the said decision was wrong and contrary to law. We therefore allowed the plaintiffs appeal with costs here and below and set aside the order. Consequently, we also dismissed the striking out application of the defendants.

Background

(2) The plaintiff was served with an arbitration notice dated 20 August 2004 (the AN) to the Kuala Lumpur Regional Centre for Arbitration (KLRCA) pursuant to cl. 7 of a Carbon Dioxide Procurement Contract dated 14 June 2000 (the procurement contract) for alleged breach by the plaintiff.

(3) The plaintiff who disputed the validity of the procurement contract (including the arbitration clause therein con