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Cases

CLAMSHELL DREDGING SDN BHD v. ZELAN CONSTRUCTION SDN BHD
High Court Malaya, Kuala Lumpur
S Nantha Balan J
[Civil Suit No: WA-22NCVC-712-11-2016]
16 February 2017
[2017] 2 MLRH 355

JUDGMENT

S Nantha Balan J:

[1] These are my grounds in respect of an application by the defendant under s 10(1) of the Arbitration Act 2005 for stay of proceedings pending arbitration. The documents which form the contractual relationship between the parties are the Letter of Charter Agreement dated 28 January 2016 ("LCA") and Charter Agreement dated 29 January 2016 ("CA"). The plaintiff is claiming from the defendant the sum of RM3,049,472.45 as detailed in "Appendix 1" annexed to the Statement of Claim being the charter hire fees charged and calculated up to 30 April 2016.

[2] The defendant is disputing the plaintiff 's claim and seeks to have the matter referred to arbitration under the auspices of the Kuala Lumpur Regional Center for Arbitration ("IGLRCA"). The defendant relies on cl 15 of the CA which provides as follows:

"Any dispute or differences between the parties arising out of or in connection with this Agreement shall first be settled amicably by the parties, failing which the matter shall be referred to arbitration under the auspices of the Kuala Lumpur Regional Centre for Arbitration ("KLRCA") and the reference shall be to a panel of three (3) arbitrators. The arbitration shall be conducted in Kuala Lumpur in accordance with the Arbitration Act 2005 of Malaysia. The language of the Arbitration shall be the English Language. The decision of the arbitrators shall be final and binding upon both parties. Pending settlement of the disputes, the parties shall continue to perform their obligations under this 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 [+]
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