KUAN KEE HONG v KONG KWAI FEI
Catchwords
Civil procedure – application to stay the court proceedings pursuant to s. 10 of the Arbitration Act 2005 and refer the dispute between the parties to arbitration. Arbitration clause - mere existence of an arbitration clause does not automatically oust a court's jurisdiction - the court is duty-bound to adopt a holistic approach, scrutinizing all relevant factual circumstances to determine, as a threshold issue, whether the arbitration provision in the agreement applies to the dispute in question - if the dispute falls within the scope of the clause, the matter must be referred to arbitration - if it does not, the court retains the jurisdiction to hear and adjudicate the dispute, irrespective of the clause's existence - clear admission of liability demonstrates that there is no triable issue or dispute between the parties - a mere failure to pay an admitted debt does not constitute a genuine 'dispute' capable of triggering the arbitration clause - since there is no dispute in reality, this Court possesses the jurisdiction to hear this action irrespective of the existence of the arbitration clause.
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-22ncc-26-12-2025)