Ikatan Innovasi Sdn Bhd v KACC Construction Sdn Bhd 3CLJ 48 [2008]

Ikatan Innovasi Sdn Bhd v KACC Construction Sdn Bhd 3CLJ 48 [2008]

On November 28 2007 Judge Abdul Aziz Rahim ruled in Ikatan Innovasi Sdn Bhd v KACC Construction Sdn Bhd ([2008] 3 CLJ 48).

The Ikatan Innovasi sought the court to provide interim relief during arbitration proceeding by seeking security and an order to restrain the KACC Construction from disposing of its assets outside of the court’s jurisdiction until after the determination and disposal of the ongoing arbitration proceedings.

In reaching its decision the court considered sections 11(1)(f) and 11(1)(g) of the Arbitration Act 2005 and confirmed it indeed did have the  power to grant interim relief or measures to a party participating in arbitration proceedings before or during the proceedings. In so doing, the court considered the ambit of each of the provisions. Section 11(1)(f) was considered to be restricted to preserving property that is the subject matter of the dispute before the arbitration proceedings, while Section 11(1)(g) was considered wider in scope. The court held that both movable and immovable assets may be restrained pending a reference to arbitration. However, based on the facts of the case, interim relief was refused in this instance.

Ikatan Innovasi Sdn Bhd v KACC Construction Sdn Bhd [2007]

Advertisements