Premature Arbitration Notice Concerns

Summary

Issuing a notice of arbitration during ongoing settlement discussions may be premature unless specified otherwise in the agreement. Its crucial to review the contract terms regarding arbitration and settlement. Relevant case law, such as Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd, emphasizes the importance of exhausting arbitration proceedings. Consulting with a legal professional is advisable for interpretation and guidance on how these precedents might apply to your specific situation.

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“Dispute Resolution and Governing Laws Any dispute between the Parties as to the performance of this Contract or the rights or liabilities of the Parties herein, or any matter arising out of the same or connected therewith, which cannot be settled amicably shall be referred to arbitration in accordance with the AIAC Arbitration Rules before a single arbitrator to be agreed upon by Parties. In the event that any dispute or difference whatsoever shall arise between parties touching or concerning this Agreement or its construction or effect or as to the rights, duties or liabilities of either party or of parties hereto under this Agreement in connection with the subject matter of this Agreement the same may be referred to any court in Malaysia or to arbitration in accordance with the provisions of the Arbitration Act * or any statutory modification or re-enactment thereof.”
If settlement discussions are ongoing, issuing a notice of arbitration might be considered premature unless the agreement specifies otherwise. Generally, disputes that cannot be settled amicably should proceed to arbitration according to the AIAC Arbitration Rules. It's wise to review the contract terms closely and consider legal advice. Are you considering moving forward with arbitration?
yes, what case law can i refer to
In Malaysia, when considering arbitration under the Arbitration Act *, it's essential to refer to relevant case laws that address similar issues. Here are a few cases that might be helpful in understanding arbitration proceedings in Malaysia:
- CMS Energy Sdn Bhd v. Poscon Corp: This case discusses the enforcement of arbitration agreements and the importance of adhering to arbitration clauses.
- Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd: It highlights the court's stance on arbitration clauses and the need to exhaust arbitration proceedings before seeking judicial intervention.
- Tanjung Langsat Port Sdn Bhd v. Trafigura Beheer BV: This case examines the court's role in supporting arbitration by staying court proceedings when an arbitration agreement exists.
These cases can guide how courts interpret arbitration clauses and the importance of honoring such agreements. It's advisable to consult with a legal professional to understand how these precedents might apply to your specific situation.
Alright, i need case related with premature notice of arbitration is settlement discussion ongoing
Case Rating: *
In Malaysia, the premature issuance of a notice of arbitration while settlement discussions are ongoing can be complex. Here are a few relevant points to consider:
- Contractual Terms: Review the contract terms regarding arbitration and settlement.
- Case Law: Consider cases like *Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd*, which emphasizes exhausting arbitration proceedings.
- Legal Advice: Consulting with a legal professional is advisable for interpretation and guidance.
Is there anything specific you'd like to know or any further details you can provide about your situation?