ESA JURUTERA PERUNDING SDN. BHD. v Universiti Malaya (UM)

w-01imc-105-03-2023 Court of Appeal (Mahkamah Rayuan) 29 February 2024 • W-01(IM)(C)-105-03/2023 • 23 min read

7 cases cited (1 SG, 6 foreign)

Outcome

This appeal is hereby allowed. We set aside the order of the learned HCJ. We now grant an Order in Terms of the defendant’s Notice of Application dated 2.12.2022. We order costs of RM10,000.00 here and below to the defendant subject to allocator fees.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-01imc-105-03-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Arbitration Act 2005- section 10(1)–arbitration clause in the Conditions of Engagement- the plaintiff and defendant had agreed to refer any dispute arising from the agreement to arbitration-the interpretation of the phrase “before taking any other steps in the proceedings” as stipulated under section 10(1) -the filing of the Notice to Produce Documents does not amount to unequivocal waiver by the defendant from referring the dispute to the arbitration- whether by seeking an extension of time to file the statement of defence and by filing Notice to Produce Documents Referred to in the Pleadings constitute “a step in the proceedings”-the action taken must show intention that the writ action should proceed and no desire that the matter should be referred to arbitration-the words “all of our client’s rights” should be read to include the right to invoke the arbitration’s clause-section 10 should be constructed so that there would be minimum intervention of the court pertaining to the parties’ agreement to the arbitration clause

Practice Areas

Arbitration Civil Procedure

Judges (3)

Azhahari Kamal bin Ramli Delivered Che Mohd Ruzima bin Ghazali Coram Lee Swee Seng Coram

Counsel (8)

G. Ragumaren & Co Firm Wong Kian Kheong Firm Anantha Krishnan Counsel Appellant Cheah Ka Mun Counsel Respondent Darryl Ragumaren Counsel Appellant Farhanah Jahn Counsel Appellant Ragumaren Gopal Counsel Appellant Tan Yon Chin Counsel Respondent

Parties (2)

ESA JURUTERA PERUNDING Sdn Bhd Appellant Universiti Malaya Respondent

Statutes Cited

Arbitration Act 2005 (Cap 646)

Rules of Court 2012

Cases Cited (7)

SLR (1)

[2008] 4 SLR 460

MY (6)

[2002] 2 AMR 2257 [2002] 3 CLJ 213 [2013] MLJ 123 [2016] 5 MLJ 417 [2016] 9 CLJ 1 [2024] 4 CLJ 243

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-01imc-105-03-2023)