Jalinan Sdn Bhd v TIPCO Asphalt Company Ltd

Jalinan Sdn Bhd v TIPCO Asphalt Company Ltd 

In Aras Jalinan Sdn Bhd v TIPCO Asphalt Company Ltd the High Court dismissed Jalinan Sdn Bhd application for an injunction pending referral to arbitration in Singapore, on the basis that the High Court had no statutory or inherent jurisdiction to grant injunctive leave in matters where the location of arbitration was outside of Malaysia.

The case was also presented to the Court of Appeal and the Court of Appeal dismissed the appeal, thus endorsing the High Court’s position that Malaysian courts have no jurisdiction to grant injunctions in respect of foreign arbitrations.