JAYA SUDHIR A/L JAYARAM v 1. ) NAUTICAL SUPREME SDN BHD 2. ) AZIMUTH MARINE SDN BHD 3. ) NAUTILUS TUG & TOWAGE SDN BHD

02i-83-09-2018w Federal Court (Mahkamah Persekutuan) 30 June 2019 • 02(i)-83-09/2018(W)

Catchwords

Civil Procedure - Injunction - Inter parte - Arbitration proceeding - Injunction order to prevent arbitration proceeding from continuing was granted by the High Court to non-party - Whether the Court of Appeal had erred in setting aside the injunction order by the High Court - Whether the requirements of Section 10 of the Arbitration Act 2005 must be met by a party litigant seeking an injunction which would affect his proprietary rights - Whether the arbitration proceeding might adversely affect the proprietary rights of the non-party for its shares in one of the arbitration party - Whether Section 8 of the Arbitration Act 2005 applies to a party litigant who is not a party to an arbitration agreement and/or arbitration proceedings - Whether non-party to the arbitration proceedings should be given the right to have his claim on the shares in the suit heard first and restrain the respondents who are privy to arbitration agreement from proceeding with the arbitration proceedings - Whether there will be conflicting findings if parallel proceedings over same subject matter take place - Whether the Court of Appeal was in error to reject the test in Keet Gerald case and apply the test in J. Jarvis

Practice Areas

Civil Procedure Arbitration

Judges (5)

Abang Iskandar bin Abang Hashim Coram Azahar bin Mohamed Coram Idrus bin Harun Coram Ramly bin Haji Ali Delivered Vernon Ong Lam Kiat Coram

Parties (4)

AZIMUTH MARINE Sdn Bhd Respondent NAUTICAL SUPREME Sdn Bhd Respondent NAUTILUS TUG & TOWAGE Sdn Bhd Respondent Jaya Sudhir a/l Jayaram Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02i-83-09-2018w)