EXPORT-IMPORT BANK OF MALAYSIA BERHAD v Lim Yaw Boon
Catchwords
Arbitration — Stay of proceedings — Application under section 10 of the Arbitration Act 2005 — Statutory requirements for a stay Arbitration agreement — Interpretation of dispute resolution clause — Clause 9.14 of Personal Guarantee Agreement — Whether arbitration is mandatory or optional Inoperative agreement — Whether arbitration agreement becomes inoperative once a party exercises a contractual right to litigate — Section 10(1) of the Arbitration Act 2005. Civil Procedure — Step in the proceedings — Definition of "taking a step" under section 10 of the Arbitration Act 2005 — Whether filing an application to set aside a judgment in default (JIDA) constitutes a step Judgment in Default — Whether setting aside JIDA is a "defensive action" to preserve rights — Relationship between setting aside JIDA and stay of execution Stay of Execution — Application to stay execution of JIDA pending setting aside — Whether such application disentitles a party from seeking a stay pending arbitration.
Practice Areas
Case Significance
EXPORT-IMPORT BANK OF MALAYSIA BERHAD v Lim Yaw Boon is a High Court (Mahkamah Tinggi) decision dated September 29, 2025 (citation: wa-22ncc-190-04-2023). The case was decided by Muhammad Adam @ Edward bin Abdullah.
Key issues: Arbitration — Stay of proceedings — Application under section 10 of the Arbitration Act 2005 — Statutory requirements for a stay.
What was the outcome of EXPORT-IMPORT BANK OF MALAYSIA BERHAD v Lim Yaw Boon?
EXPORT-IMPORT BANK OF MALAYSIA BERHAD v Lim Yaw Boon is a High Court decision dated September 29, 2025. The case was heard by Muhammad Adam @ Edward bin Abdullah. See the full judgment for details.