Arbitration

127 cases · August 2017 to June 2026

Overview

Arbitration appears in 127 reported Malaysia judgments (2017–2026).

In this practice area

Arbitration collects the judgments in which the courts support, supervise or give effect to arbitral dispute resolution under the Arbitration Act 2005. The reasoning concerns the stay of court proceedings in favour of arbitration, the enforcement and setting aside of awards, and the boundary between the arbitral process and the courts' own jurisdiction.

The stay of proceedings is a central subject. Judgments examine the mandatory stay under section 10 of the Arbitration Act 2005 and Article 8 of the Model Law, and the approach where a debt subject to an arbitration clause is met by a winding-up petition — the "Fortuna injunction" and the threshold for a stay, dismissal or injunction in that situation. The courts consider how the arbitration legislation interacts with the winding-up jurisdiction, drawing on comparative authority such as Salford Estates and the Privy Council's decision in Sian Participation Corp v Halimeda.

Enforcement forms a second strand. Judgments address the recognition and enforcement of a foreign arbitral award registered in the seat court under the New York Convention, and the limited grounds on which an award may be resisted or set aside. The purpose and object of the Arbitration Act 2005 — to give effect to the parties' choice of arbitration with minimal curial interference — frames the analysis, together with the principles of statutory interpretation under section 17A of the Interpretation Acts 1948 and 1976 that guide the reading of the Act.

The cases sit predominantly in the High Court, with appeals to the Court of Appeal and the Federal Court on the reach of the arbitration legislation. As a whole the area shows how the Malaysian courts hold parties to their agreement to arbitrate — staying litigation and enforcing awards — while retaining the narrow supervisory role the Act preserves. The recurring interface with the winding-up jurisdiction shows how often a party invokes insolvency to sidestep an agreed arbitration, and how the courts guard the arbitral bargain against it.

Case Volume by Year

2
17
2
18
3
19
1
20
1
21
2
23
23
24
63
25
30
26
2017–2026

Key Issues & Sub-Topics

Setting aside — Enforcement — Jurisdiction of arbitral tribunal — Scope of submission to arbitration — “New difference” — Whether tribunal exceeded jurisdiction — Whether dispute contemplated by parties — Arbitration Act 2005, s 37(1)(a)(iv), (v) 2 Setting aside — Public policy — Illegality — Regulatory non-compliance — Whether award in conflict with public policy of Malaysia — Threshold — Arbitration Act 2005, s 37(1)(b)(ii), s 37(2) 2 to set aside award — non-recognition of award — grounds enumerated in s.37 are exhaustive and the court cannot set aside an award for reasons other than those that are listed– the court do not sit as an appellate court — the merits before the arbitral tribunal are not open to scrutiny — section 37 of the Arbitration Act -Section 39 of the Arbitration Act Arbitration Law — Waiver — Estoppel — Not specifically pleaded in claim — relied on during course of proceeding — can be extended by conducts of parties — can be considered by the arbitrator based on the facts of the case — accepting the application for extension — not rejecting the application 2 Arbitration Act 2005 (“AA”) — Award — Recognition and enforcement of award 2 Respondent was allegedly in breach of express and implied terms of contract in respect of supply of cost-plus valves and that Appellant suffered substantial loss and damages — Whether respondent was in breach of express terms of contract — Whether valves supplied did not correspond with its description and were not of merchantable quality — Whether Appellant suffered substantial loss and damage in respect of valves which had been replaced 2 Whether breach of rules of natural justice occurred during arbitration and in connection with making award — Arbitral Tribunal addressed on issue not raised or addressed by parties — Tribunal failed to address issues specifically raised in the pleadings by the parties — Whether breach of natural justice — Whether award was in conflict with public policy of Malaysia 2 Stay of court proceedings — Application under s 10 Arbitration Act 2005 — Whether proceedings should be stayed and parties referred to arbitration — Mandatory nature of stay where arbitration agreement exists and no step taken in proceedings 1 Arbitration agreement — Incorporation by reference — Whether reference in letter of appointment to “Conditions of Engagement, Rule 29, 3rd Schedule of Architect Rules 1996” sufficient to incorporate arbitration clause — Section 9(5) Arbitration Act 2005 1 Arbitration clause — Incorporation of standard terms — Whether specific reference to arbitration clause necessary — Applicability of Ajwa for Food Industries Co (MIGOP), Egypt v Pacific Inter-Link Sdn Bhd 1 Kompetenze-kompetenz — Jurisdiction of arbitral tribunal — Whether questions concerning validity, scope and applicability of arbitration clause to be determined primarily by arbitral tribunal — Section 18(1) Arbitration Act 2005 1 Separability doctrine — Whether arbitration clause survives challenge to validity of underlying contract — Whether alleged invalidity of letter of appointment affected arbitration clause — Section 18(2) Arbitration Act 2005 1 Stay application — “Before taking any other step in proceedings” — Whether entry of appearance and attendance at e-review constituted step inconsistent with right to arbitrate — Section 10(1) Arbitration Act 2005 1 Architectural consultancy agreement — Architects Rules 1996 — Whether Conditions of Engagement and arbitration clause applied despite absence of prescribed Memorandum of Agreement under Rule 29 1 Arbitration agreement — Null and void — Inoperative — Incapable of being performed — Whether any statutory exception under s 10(1) established on affidavit evidence 1 Scope of arbitration agreement — Tortious claims — Whether claims framed in professional negligence and wrongful grant of extension of time fell within scope of arbitration clause arising from architectural consultancy services 1 Construction disputes — Architect’s alleged wrongful grant of extensions of time — Claim for loss of liquidated damages — Whether disputes arising from performance of architectural functions arbitrable 1 Interim relief — Performance Bonds — Construction contract involving Government infrastructure project — Application under s 11 Arbitration Act 2005 to restrain beneficiary from making and receiving payment under Performance Bonds pending arbitration — Whether court had jurisdiction notwithstanding Government Proceedings Act 1956 — Whether contractual dispute concerning Design Guarantee Bond established unconscionability sufficient to restrain autonomous Performance Bonds — Held, although serious issues existed for arbitration, no prima facie unconscionability was shown, damages remained an adequate remedy and balance of convenience favoured preservation of contractual security — Application dismissed. 1 Setting aside arbitral award — Application under sections 37(1)(a)(v) and 37(1)(b)(ii) of the Arbitration Act 2005 — Excess of jurisdiction — Public policy — Whether arbitral tribunal exceeded jurisdiction by finding that landlord had affirmed lease and waived tenant’s repudiatory breach — Whether findings on waiver, affirmation, election and effect of non-waiver clause were matters falling within scope of parties’ pleadings and submissions — Whether tribunal’s reliance on foreign authorities concerning waiver and affirmation constituted decision beyond parties’ contemplation — Whether alleged failure to expressly consider contractual non-waiver clause amounted to breach of natural justice — Whether breach of natural justice ground could be raised through submissions when not pleaded in originating summons or affidavits — Whether actual or real prejudice established — Whether award rested on multiple independent findings supporting affirmation of lease — Limited curial intervention — Finality of arbitral awards 1 Whether this Court has jurisdiction to hear the Plaintiff's OS despite the arbitration agreement in Clause 34.5 of the PAM Contract 2006 — Whether the Court can decide the interpretation of Clause 30.10 and whether a valid dispute exists — Whether the Plaintiff’s claim that there is no dispute allows this Court to exercise jurisdiction — Whether the Plaintiff is barred from re-litigating the matter after the Court of Appeal’s judgment directing arbitration — Whether the Court of Appeal’s prior decision precludes this Court from hearing the OS — Whether the issue of dispute under Clause 30.10 is for the arbitrator to decide. 1 Interim measures — Injunction pending arbitration — Application to restrain receivers and managers — Whether court may restrain secured creditor’s enforcement pending arbitration — Section 11 Arbitration Act 2005 — Whether s 11 displaces American Cyanamid principles — Whether injunction preserves or alters status quo — Whether interference with receivership justified 1 + 26 more

Setting aside — Enforcement — Jurisdiction of arbitral tribunal — Scope of submission to arbitration — “New difference” — Whether tribunal exceeded jurisdiction — Whether dispute contemplated by parties — Arbitration Act 2005, s 37(1)(a)(iv), (v) 2 cases

Setting aside — Public policy — Illegality — Regulatory non-compliance — Whether award in conflict with public policy of Malaysia — Threshold — Arbitration Act 2005, s 37(1)(b)(ii), s 37(2) 2 cases

to set aside award — non-recognition of award — grounds enumerated in s.37 are exhaustive and the court cannot set aside an award for reasons other than those that are listed– the court do not sit as an appellate court — the merits before the arbitral tribunal are not open to scrutiny — section 37 of the Arbitration Act -Section 39 of the Arbitration Act Arbitration Law — Waiver — Estoppel — Not specifically pleaded in claim — relied on during course of proceeding — can be extended by conducts of parties — can be considered by the arbitrator based on the facts of the case — accepting the application for extension — not rejecting the application 2 cases

Respondent was allegedly in breach of express and implied terms of contract in respect of supply of cost-plus valves and that Appellant suffered substantial loss and damages — Whether respondent was in breach of express terms of contract — Whether valves supplied did not correspond with its description and were not of merchantable quality — Whether Appellant suffered substantial loss and damage in respect of valves which had been replaced 2 cases

Whether breach of rules of natural justice occurred during arbitration and in connection with making award — Arbitral Tribunal addressed on issue not raised or addressed by parties — Tribunal failed to address issues specifically raised in the pleadings by the parties — Whether breach of natural justice — Whether award was in conflict with public policy of Malaysia 2 cases

Stay of court proceedings — Application under s 10 Arbitration Act 2005 — Whether proceedings should be stayed and parties referred to arbitration — Mandatory nature of stay where arbitration agreement exists and no step taken in proceedings 1 case

Arbitration agreement — Incorporation by reference — Whether reference in letter of appointment to “Conditions of Engagement, Rule 29, 3rd Schedule of Architect Rules 1996” sufficient to incorporate arbitration clause — Section 9(5) Arbitration Act 2005 1 case

Kompetenze-kompetenz — Jurisdiction of arbitral tribunal — Whether questions concerning validity, scope and applicability of arbitration clause to be determined primarily by arbitral tribunal — Section 18(1) Arbitration Act 2005 1 case

Separability doctrine — Whether arbitration clause survives challenge to validity of underlying contract — Whether alleged invalidity of letter of appointment affected arbitration clause — Section 18(2) Arbitration Act 2005 1 case

Stay application — “Before taking any other step in proceedings” — Whether entry of appearance and attendance at e-review constituted step inconsistent with right to arbitrate — Section 10(1) Arbitration Act 2005 1 case

Architectural consultancy agreement — Architects Rules 1996 — Whether Conditions of Engagement and arbitration clause applied despite absence of prescribed Memorandum of Agreement under Rule 29 1 case

Arbitration agreement — Null and void — Inoperative — Incapable of being performed — Whether any statutory exception under s 10(1) established on affidavit evidence 1 case

Scope of arbitration agreement — Tortious claims — Whether claims framed in professional negligence and wrongful grant of extension of time fell within scope of arbitration clause arising from architectural consultancy services 1 case

Construction disputes — Architect’s alleged wrongful grant of extensions of time — Claim for loss of liquidated damages — Whether disputes arising from performance of architectural functions arbitrable 1 case

Interim relief — Performance Bonds — Construction contract involving Government infrastructure project — Application under s 11 Arbitration Act 2005 to restrain beneficiary from making and receiving payment under Performance Bonds pending arbitration — Whether court had jurisdiction notwithstanding Government Proceedings Act 1956 — Whether contractual dispute concerning Design Guarantee Bond established unconscionability sufficient to restrain autonomous Performance Bonds — Held, although serious issues existed for arbitration, no prima facie unconscionability was shown, damages remained an adequate remedy and balance of convenience favoured preservation of contractual security — Application dismissed. 1 case

Setting aside arbitral award — Application under sections 37(1)(a)(v) and 37(1)(b)(ii) of the Arbitration Act 2005 — Excess of jurisdiction — Public policy — Whether arbitral tribunal exceeded jurisdiction by finding that landlord had affirmed lease and waived tenant’s repudiatory breach — Whether findings on waiver, affirmation, election and effect of non-waiver clause were matters falling within scope of parties’ pleadings and submissions — Whether tribunal’s reliance on foreign authorities concerning waiver and affirmation constituted decision beyond parties’ contemplation — Whether alleged failure to expressly consider contractual non-waiver clause amounted to breach of natural justice — Whether breach of natural justice ground could be raised through submissions when not pleaded in originating summons or affidavits — Whether actual or real prejudice established — Whether award rested on multiple independent findings supporting affirmation of lease — Limited curial intervention — Finality of arbitral awards 1 case

Whether this Court has jurisdiction to hear the Plaintiff's OS despite the arbitration agreement in Clause 34.5 of the PAM Contract 2006 — Whether the Court can decide the interpretation of Clause 30.10 and whether a valid dispute exists — Whether the Plaintiff’s claim that there is no dispute allows this Court to exercise jurisdiction — Whether the Plaintiff is barred from re-litigating the matter after the Court of Appeal’s judgment directing arbitration — Whether the Court of Appeal’s prior decision precludes this Court from hearing the OS — Whether the issue of dispute under Clause 30.10 is for the arbitrator to decide. 1 case

Interim measures — Injunction pending arbitration — Application to restrain receivers and managers — Whether court may restrain secured creditor’s enforcement pending arbitration — Section 11 Arbitration Act 2005 — Whether s 11 displaces American Cyanamid principles — Whether injunction preserves or alters status quo — Whether interference with receivership justified 1 case

Scope of arbitration clause — Whether statutory and fiduciary claims arbitrable — Substance over form — Whether claims arise out of or in connection with contractual matrix 1 case

Stay application — Waiver — Whether entry of appearance amounts to step in proceedings — Timing of application — Whether prompt invocation of arbitration 1 case

Conduct of parties — Invocation of dispute resolution mechanism — Whether party estopped from denying arbitration — Approbation and reprobation 1 case

Arbitration clause — Court proceedings commenced despite arbitration agreement — Whether dispute should be referred to arbitration — Whether court retains jurisdiction to grant interim relief — Preservation of subject matter pending arbitration — Arbitration Act 2005 — Minimal court intervention — Federal Court authority — Press Metal Sarawak Sdn Bhd v Etiqa Takaful Bhd — Utra Holdings Bhd v ICB Islamic Bank Bhd Injunction — Interim injunction — Freezing order (Mareva injunction) — Application initially granted ex parte — Inter-parte hearing — Whether injunction should be maintained, varied or set aside — Principles governing interlocutory injunction — Serious question to be tried — Adequacy of damages — Balance of convenience — American Cyanamid Co v Ethicon Ltd — Keet Gerald Francis Noel John v Mohd Noor Abdullah Injunction — Freezing order — Proportionality — Whether injunction should exceed amount claimed — Court’s duty to ensure order not oppressive or punitive — Freezing order limited to sum claimed — Zainal Abidin bin Mohd Hassan v Century Engineering Sdn Bhd — The Siskina Civil procedure — Interlocutory applications — Applications heard together — Ex parte injunction converted to inter-parte hearing — Court declining to determine merits at interlocutory stage Contract — Commercial agreement — Payment made under agreement — Alleged illegality or frustration following regulatory intervention — Restitutionary claim — Issues reserved for arbitral tribunal Practice and procedure — Interim measures in aid of arbitration — Court preserving assets pending arbitration — Whether court order necessary to prevent arbitral proceedings being rendered nugatory Costs — Costs in the cause 1 case

Stay of court proceedings — Arbitration Agreement — Adoption by liquidator — Whether Director General of Insolvency required to adopt arbitration agreement under Section 49 of the Arbitration Act 2005 — Distinction between individual bankruptcy and corporate winding-up — Mandatory stay under Section 10 of the Arbitration Act 2005 — Whether arbitration agreement inoperative or incapable of being performed — Doctrine of separability — Parties Autonomy — Survival of arbitration clause despite winding-up of company — Arbitrability — Dispute arising from pre-insolvency contractual rights — Whether arbitrable post-liquidation — Public policy considerations — Contrast with insolvency-specific remedies 1 case

Court-ordered reference to arbitration — Whether different from submission to arbitration — Whether award obtained pursuant to a court-ordered reference to arbitration may be enforced under the Arbitration Act — Whether enforcement should have been pursuant to section 24A of the Courts of Judicature Act 1964 1 case

Stay of proceedings — Section 10 Arbitration Act 2005 — Arbitration clause in AFC Champions League Competition Regulations — Dispute “in connection with the Competition” — Meaning of “Competition” — Claim for unpaid prize money, subsidies and expenses — Liability and quantum admitted — Crystallised debt — Non-payment due to banking compliance and extraterritorial sanctions — No dispute relating to competition — No nexus between claim and arbitration clause — Arbitration clause inapplicable — Court entitled to determine scope of arbitration agreement — Full merits test 1 case

Stay of proceedings — Application for stay under section 10(1) of the Arbitration Act 2005 — Mandatory nature of stay where valid arbitration agreement exists — Principles of "steps in proceedings". 1 case

Key Statutes

cited in 68 cases
Rules of Court 2012
cited in 28 cases
cited in 10 cases
Arbitration Act
cited in 9 cases
cited in 8 cases
cited in 5 cases
cited in 5 cases
Interpretation Act
cited in 5 cases
UK Arbitration Act 1996
cited in 4 cases
English Arbitration Act 1996
cited in 3 cases
cited in 3 cases
Contracts Act
cited in 3 cases
Federal Constitution
cited in 3 cases
Arbitration Act 1996
cited in 2 cases
UK Arbitration Act
cited in 2 cases

Court Distribution

Key People & Firms

How many Arbitration cases are reported in Malaysia courts?

127 reported Malaysia judgments (2017–2026) involve Arbitration.

When will the courts stay litigation in favour of arbitration?

The judgments apply the mandatory stay under section 10 of the Arbitration Act 2005 and Article 8 of the Model Law where the dispute falls within a valid arbitration clause. Where a debt subject to arbitration is met by a winding-up petition, the courts consider a Fortuna injunction and the threshold for a stay or dismissal.

How are foreign arbitral awards enforced?

The collection addresses the recognition and enforcement of a foreign award registered in the seat court under the New York Convention, and the limited grounds on which enforcement may be resisted or the award set aside under the Arbitration Act 2005.

What is the courts' overall role in arbitration?

The judgments describe a supportive but limited role: giving effect to the parties' choice of arbitration with minimal curial interference, staying inconsistent litigation, and enforcing awards, while retaining the narrow supervisory jurisdiction the Act preserves.

Cases

Page 2 of 6
wa-24carb-37-08-2025
BARISAN PERFORMA SDN BHD v GLM EMERALD HILLS (CHERAS) SDN BHD
28 January 2026
MYHC
wa-24carb-38-09-2025
GLM EMERALD HILLS (CHERAS) SDN. BHD. v BARISAN PERFORMA SDN. BHD.
28 January 2026
MYHC
da-24ncvc-441-12-2019
TKA Holdings Sdn Bhd v 1. ) Azahar Bin Mohd Shariff 2. ) TENGKU ROZANNA PETRI BINTI TENGKU MOHAMED NASRUN 3. ) Jayapalasingam A/l Kandiah (Sebagai Bekas Penerima Dan Pengurus Goldland Capital Sdn Bhd) 4. ) GOLDLAND CAPITAL SDN BHD
26 January 2026
MYHC
wa-24nccarb-26-08-2025
PETRONAS DAGANGAN BERHAD v 1. ) INNATE SYNERGY SDN. BHD. (PENERIMA DAN PENGURUS DILANTIK) 2. ) CIMB ISLAMIC BANK BERHAD 3. ) VICTOR SAW SENG KEE (DARIPADA PWC CORPORATE BUSINESS RESTRUCTURING SERVICES PLT YANG BERTINDAK SEBAGAI PENERIMA DAN PENGURUS BAGI DEFENDAN PERTAMA) 4. ) SURENDRAN A/L SATHYA SEELAN (DARIPADA PWC CORPORATE BUSINESS RESTRUCTURING SERVICES PLT YANG BERTINDAK SEBAGAI PENERIMA DAN PENGURUS BAGI DEFENDAN PERTAMA)
26 January 2026
MYHC
wa-22ncc-548-08-2025
PLUS THREE CONSULTANTS (MALAYSIA) SDN BHD v MICHAEL JAMES MCIVER
15 January 2026
MYHC
ba-22ncvc-500-10-2025
FTC HOLDING SDN BHD v 1. ) ISARB MEDIA SDN BHD 2. ) ISA BIN BATHARUL ZAMAN
22 December 2025
MYHC
n-02imncvc-1761-10-2024
1. ) HASHIM BIN ABD RAZAK 2. ) MAIMON BINTI ABDUL RAZAK 3. ) ZAINAH MAHANI BINTI ABD RAZAK v PEMBINAAN PD JAYA SDN. BHD. (Dalam Likuidasi)
14 December 2025
MYCOA
wa-24carb-18-05-2025
EXPOWARISAN KONSORTIUM SDN BHD v JABATAN KERJA RAYA (SABAH)
9 December 2025
MYHC
w-02ca-538-04-2025
PEMBINAAN JAYA ZIRA SDN BHD v SUNGAI LUI CONSTRUCTION AND DEVELOPMENT SDN BHD
7 December 2025
MYCOA
w-02ca-125-01-2023
GUMUSUT-KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED v SABAH SHELL PETROLEUM COMPANY LIMITED
4 December 2025
MYCOA
w-02imc-124-01-2023
GUMUSUT-KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED v SABAH SHELL PETROLEUM COMPANY LIMITED
4 December 2025
MYCOA
wa-24carb-20-06-2025
1. ) CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN BHD 2. ) CHINA CONSTRUCTION THIRD BUREAU FIRST ENGINEERING CO., LTD v 1. ) TTDI KL METROPOLIS SDN BHD 2. ) INDUSTRIAL AND COMMERCIAL BANK OF CHINA (MALAYSIA) BERHAD
27 November 2025
MYHC
wa-24carb-30-07-2025
GLOMAC KRISTAL SDN BHD v NORTON CONSTRUCTION SDN BHD
23 November 2025
MYHC
wa-24carb-32-08-2025
NORTON CONSTRUCTION SDN BHD v GLOMAC KRISTAL SDN BHD
23 November 2025
MYHC
wa-24nccarb-40-12-2024
MRCB BUILDERS SDN BHD v THIEN HONG MACHINERY (M) SDN BHD
18 November 2025
MYHC
wa-24nccarb-7-03-2025
THIEN HONG MACHINERY (M) SDN BHD v MRCB BUILDERS SDN BHD
18 November 2025
MYHC
w-02imc-1547-09-2023
APEX COMMUNICATIONS SDN BHD v SUMBER KHAZANAH SDN BHD (DALAM LIKUIDASI)
12 November 2025
MYCOA
ba-24c-42-07-2025
AXIANERGY (M) SDN BHD v PETRONAS GAS BERHAD
11 November 2025
MYHC
w-02ca-565-04-2025
PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD 2. ) SINOPEC ENGINEERING GROUP MALAYSIA SDN BHD
6 November 2025
MYCOA
w-02imc-558-04-2025
PENGERANG REFINING COMPANY SDN BHD v 1. ) SINOPEC ENGINEERING (GROUP) CO LTD 2. ) SINOPEC ENGINEERING GROUP MALAYSIA SDN BHD
6 November 2025
MYCOA
wa-22ncc-20-01-2024
PERSEPOLIS ATHLETIC AND CULTURAL COMPANY v KONFEDERASI BOLA SEPAK ASIA (ASIAN FOOTBALL CONFEDERATION)
4 November 2025
MYHC
ba-24carb-8-06-2025
BGMC CORPORATION SDN BHD v 1. ) GITA KASTURI SDN. BHD. 2. ) UNITED OVERSEAS BANK (MALAYSIA) BERHAD
27 October 2025
MYHC
wa-22ncc-844-12-2024
1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE 5. ) YONG SAI KENG v HOO VOON HIM
27 October 2025
MYHC
ja-24ncvc-605-05-2025
MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD v HAUMEA OFFSHORE SDN BHD
26 October 2025
MYHC
pa-22ncvc-86-06-2025
TOTAL IFM SDN. BHD. v NEFIN SOLAR ASSET SDN. BHD.
21 October 2025
MYHC