TOTAL IFM SDN. BHD. v NEFIN SOLAR ASSET SDN. BHD.

pa-22ncvc-86-06-2025 High Court (Mahkamah Tinggi) 21 October 2025 • PA-22NCvC-86-06/2025

Catchwords

Arbitration — Agreement — Arbitration or litigation — Construction of arbitration clause in light of phrase “legal proceedings” used — Whether word ‘shall’ used in arbitration clause connoted reference to arbitration as mandatory and not optional — Whether parties original intention to refer dispute to arbitration abandoned by supplemental agreements — Whether failure to give a notice of arbitration would be a lack of procedural legitimacy — Whether filing of the Memorandum of Appearance a step in the proceedings — Whether parties estopped from referring dispute to arbitration under Arbitration Act 2005 s 10(1)(a)

Practice Areas

Arbitration

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (2)

NEFIN SOLAR ASSET Sdn Bhd Defendant TOTAL IFM Sdn Bhd Plaintiff

Case Significance

TOTAL IFM SDN. BHD. v NEFIN SOLAR ASSET SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated October 21, 2025 (citation: pa-22ncvc-86-06-2025). The case was decided by Wendy Ooi Su Ghee.

What was the outcome of TOTAL IFM SDN. BHD. v NEFIN SOLAR ASSET SDN. BHD.?

TOTAL IFM SDN. BHD. v NEFIN SOLAR ASSET SDN. BHD. is a High Court decision dated October 21, 2025. The case was heard by Wendy Ooi Su Ghee. See the full judgment for details.