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MALAYSIA 2026-1
Court of Appeal, Putrajaya, 30 August 2024, Civil Appeal No. W-02(IM)(NCvC)-2329–12 of 2022
(Gise Kam Kwan International Trade Ltd v. Antara Steel Mills Sdn Bhd)
MALAYSIA 2026-1
The Court of Appeal reversed the first-instance decision that had granted a stay of court proceedings, finding that the dispute resolution clause in a termination and settlement agreement (TSA), concluded by the parties in respect of disputes concerning the termination of two supply and maintenance agreements, displaced the arbitration clause in the latter. The Court found on the facts that the arbitration clause had not been incorporated by reference in the TSA.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.