Jelang Wangsa Sdn. Bhd. v MCC Overseas (M) Sdn. Bhd. (BA-22C-47-12/2024)

High Court of Malaysia3 Apr 2025

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 3 Apr 2025
Case number: BA-22C-47-12/2024
Coram: YA Puan Sumathi a/p Murugiah
Practice area: Whether there is a valid and enforceable Arbitration Agreement pursuant to Section 9 AA 2005 -There being no dispute as to whether there is an Arbitration Agreement, the Defendant has established its prima facie case in this case. Whether the Arbitration Agreement is null and void, inoperative or incapable of being performed. - the Final Account is not being challenged but the dispute is on the non-payment of the same. -Since there is no agreement reached by the parties to waive the Arbitration Clause, the dispute arising from the non-payment of the Final Account remains a dispute which is subject to the Arbitration Clause
Version: Alasan Penghakiman 1
Published: 20 Jun 2025
Source ID: d6d6b03d-de22-4994-b848-0174c6a80a45

Catchwords

Whether there is a valid and enforceable Arbitration Agreement pursuant to Section 9 AA 2005 -There being no dispute as to whether there is an Arbitration Agreement, the Defendant has established its prima facie case in this case. Whether the Arbitration Agreement is null and void, inoperative or incapable of being performed. - the Final Account is not being challenged but the dispute is on the non-payment of the same. -Since there is no agreement reached by the parties to waive the Arbitration Clause, the dispute arising from the non-payment of the Final Account remains a dispute which is subject to the Arbitration Clause

Parties

JELANG WANGSA SDN. BHD. - plaintiff - ejudgment_parties
MCC OVERSEAS (M) SDN. BHD. - defendant - ejudgment_parties

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