2020

2019

2018

2017

Cases

SIEMENS INDUSTRY SOFTWARE GMBH & CO KG (GERMANY) v. JACOB AND TORALF CONSULTING SDN BHD & ORS
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Mohd Zawawi Salleh, Idrus Harun, Nallini Pathmanathan, Abdul Rahman Sebli FCJJ
[Civil Appeal No: 02(f)-115-12-2018(W)]
27 March 2020
[2020] 2 MLRA 641

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] The appeal before us arose from an arbitration proceedings between the parties, described below.

[2] The appellant is a company incorporated under the law of Germany and has a last known business address in Germany. The appellant has no business presence in Malaysia.

[3] The 1st and the 4th respondents are companies incorporated under the law of Malaysia. The 2nd and the 3rd respondents are Malaysian citizens and directors of the 1st and the 4th respondents.

[4] The 5th respondent is a citizen of Germany and is a named party to the arbitration proceedings.

Background Facts

[5] The appellant and the respondents had entered into a settlement agreement where they agreed to submit any disputes in relation to the settlement agreement for arbitration.

[6] Notwithstanding the agreement to arbitrate, the respondents commenced a suit at the Kuala Lumpur High Court No: S-22-129-2009 ("Suit 2009"). In Suit 2009, the respondents alleged, among others, that there was fraudulent misrepresentation by the appellant and/or its representatives, thereby inducing the respondents to enter into the settlement agreement.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
JanuaryFebruaryMarchAprilMayJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember