Webest Sdn Bhd v Arkitek AAP
Catchwords
Arbitration — 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 Arbitration — 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 Arbitration — 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 Arbitration — 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 Arbitration — 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 Arbitration — 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 Arbitration — Architectural consultancy agreement — Architects Rules 1996 — Whether Conditions of Engagement and arbitration clause applied despite absence of prescribed Memorandum of Agreement under Rule 29 Arbitration — Arbitration agreement — Null and void — Inoperative — Incapable of being performed — Whether any statutory exception under s 10(1) established on affidavit evidence Arbitration — 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 Contract — Incorporation by reference — Professional services agreement — Effect of general incorporation clause and specific reference to individual condition within incorporated terms Arbitration — 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
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22c-1-01-2026)