JELANG WANGSA SDN. BHD. v MCC OVERSEAS (M) SDN. BHD.
Catchwords
Whether there is a valid and enforceable Arbitration Agreement pursuant to Section 9 AA 2005 -There being no dispute as to whether there is an Arbitration Agreement, the Defendant has established its prima facie case in this case. Whether the Arbitration Agreement is null and void, inoperative or incapable of being performed. - the Final Account is not being challenged but the dispute is on the non-payment of the same. -Since there is no agreement reached by the parties to waive the Arbitration Clause, the dispute arising from the non-payment of the Final Account remains a dispute which is subject to the Arbitration Clause.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22c-47-12-2024)