Litigation & Arbitration Publications
Litigation & Arbitration

Stay Pending Arbitration: Arbitration Agreement Becomes Inoperative After Company Wound Up?

Biaxis (M) Sdn Bhd (In Liquidation) v Peninsula Education (Setia Alam) Sdn Bhd [BA-22C-7-03/2023]

Often time, contracting parties would agree to refer their contractual disputes to arbitration and an arbitration clause would be inserted into the contract. Arbitration clauses are also commonplace in most standard form of construction contracts. These arbitration clauses are known as arbitration agreement and are treated as a standalone agreement which would survive termination of the main contract.