1. ) DENG CHENGLIANG 2. ) XIE YONG v 1. ) Levin Tan Eu Sheng [Nod At Encl. 19] 2. ) TAN TIONG KIAT

wa-22ncc-216-04-2024 High Court (Mahkamah Tinggi) 21 January 2025 • WA-22NCC-216-04/2024

Catchwords

two agreements-This agreement has an arbitration clause for arbitration-The second agreement-the parties agree “that the Courts of Malaysia shall have jurisdiction-an application for a stay of proceedings pending reference to arbitration-The court’s power to stay court proceedings and refer the parties to arbitration is governed by section 10 of the Arbitration Act 2005 (“AA 2005”)-The defendants in order to get a stay have to prove-there is an arbitration agreement between the parties-the proceedings are in respect of a matter that is subject to the arbitration agreement-the defendants have not taken any other steps in the proceedings-the arbitration agreement is not null and void, inoperative or incapable of being performed-It is trite law that a dispute in relation to a contract which has no arbitration clause cannot be referred to arbitration even if this contract is related to a contract with an arbitration clause. A party asserting that an arbitration clause in an agreement applies to another but related agreement which has no arbitration clause must show that there is such incorporation on the plain wording of the said arbitration clause-the Court has a discretion under the Arbitration Ordinance 1950 not to grant a stay-mandatory effect of granting a stay once s 10 of the AA 2005 is satisfied by the defendant

Practice Areas

two agreements-This agreement has an arbitration clause for arbitration-The second agreement-the parties agree “that the Courts of Malaysia shall have jurisdiction-an application for a stay of proceedings pending reference to arbitration-The court’s power to stay court proceedings and refer the parties to arbitration is governed by section 10 of the Arbitration Act 2005 (“AA 2005”)-The defendants in order to get a stay have to prove-there is an arbitration agreement between the parties-the proceedings are in respect of a matter that is subject to the arbitration agreement-the defendants have not taken any other steps in the proceedings-the arbitration agreement is not null and void, inoperative or incapable of being performed-It is trite law that a dispute in relation to a contract which has no arbitration clause cannot be referred to arbitration even if this contract is related to a contract with an arbitration clause. A party asserting that an arbitration clause in an agreement applies to another but related agreement which has no arbitration clause must show that there is such incorporation on the plain wording of the said arbitration clause-the Court has a discretion under the Arbitration Ordinance 1950 not to grant a stay-mandatory effect of granting a stay once s 10 of the AA 2005 is satisfied by the defendant

Judges (1)

Leong Wai Hong Delivered

Parties (4)

Deng Chengliang Plaintiff Levin Tan Eu Sheng Defendant Tan Tiong Kiat Defendant Xie Yong Plaintiff

Case Significance

1. ) DENG CHENGLIANG 2. ) XIE YONG v 1. ) Levin Tan Eu Sheng [Nod At Encl. 19... is a High Court (Mahkamah Tinggi) decision dated January 21, 2025 (citation: wa-22ncc-216-04-2024). The case was decided by Leong Wai Hong.

What was the outcome of 1. ) DENG CHENGLIANG 2. ) XIE YONG v 1. ) Levin Tan Eu Sheng [Nod At Encl. 19...?

1. ) DENG CHENGLIANG 2. ) XIE YONG v 1. ) Levin Tan Eu Sheng [Nod At Encl. 19... is a High Court decision dated January 21, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.