Renault SA v Inokom Corp Sdn Bhd & Anor and other appeals [2010] 5 MLJ 394

COUNSEL & SOLICITOR:
KM Chan (Veronica Ong with him) (Lim Kian Leong & Co) for the appellant in Appeal No W-03-116 of 2004

Court Of Appeal

Arbitration – Stay of proceedings – Application – Dispute in relation to performance and interpretation of agreement – Whether dispute fell within ambit of arbitration clause – Attempt to circumvent arbitration clause by instituting action against party to contract together with other third parties – Whether arbitration clause applicable – Whether applicable law Arbitration Act 2005 or Arbitration Act 1952

Arbitration – Stay of proceedings – Principles applicable – Whether granting of stay mandatory where requirements satisfied – Arbitration Act 2005 s 10

Civil Procedure – Striking out – Statement of claim – Claim for conspiracy – Failure to plead agreement to conspire and object of conspiracy – Whether cause of action in tort of conspiracy established – Whether statement of claim frivolous and vexatious – Whether fit and proper case for striking out

Tort – Conspiracy – Elements of – Agreement to injure must arise before unlawful act in execution of agreement – Alleged unlawful act said to have occurred in 2000 whereas conspiracy said to have occurred in 2001 – Failure to plead agreement to conspire and object of conspiracy – Whether cause of action for conspiracy established