- Malaysia—High Court issues anti-arbitration injunction against London arbitration and rejects parallel application to stay court proceedings (MISC Berhad v Cockett Marine Oil (Asia))
- What was the background?
- What did the court decide?
Arbitration analysis: The Malaysian High Court issued an anti-arbitration injunction to stay a London-seated arbitration on the grounds that the arbitration proceedings were in breach of an exclusive jurisdiction clause in favour of the Malaysian courts. The decision confirms the power of Malaysian courts to restrain a foreign-seated arbitration where the court takes the view that it has jurisdiction over the dispute, and provides guidance on the circumstances in which a Malaysian court will exercise this power. Written by Peter Godwin, partner, Daniel Chua and Michele Yee, associates, at Herbert Smith Freehills LLP.
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