1. ) AHMAD ZAKI RESOURCES BERHAD 2. ) AHMAD ZAKI SDN BHD v KERAJAAN MALAYSIA

ca-24c-1-04-2026 High Court (Mahkamah Tinggi) 6 May 2026 • CA-24C-1-04/2026

Catchwords

Arbitration — 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.

Practice Areas

Judges (1)

Samry bin Masri Delivered

Parties (3)

AHMAD ZAKI Sdn Bhd Applicant Ahmad Zaki Resources Berhad Applicant Kerajaan Malaysia Respondent

Judgment

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Read on eJudgment

Source: eJudgment (ca-24c-1-04-2026)