STAY OR NAY: THE COURT’S APPROACH TO A STAY OF PROCEEDINGS PENDING DISPOSAL OF ARBITRATION AGAINST NON-PARTIES IN MALAYSIA

Abstract

The topic issue is stay of proceedings and the key issue is stay of proceedings pending disposal of arbitration against non-parties. This essay shall examine the court’s approach in determining the merits of an application for a stay of proceedings pending disposal of arbitration proceedings with a narrow perspective of circumstances where the application is brought against and involves a non-party to the arbitration proceedings. This essay will study the case of Protasco Bhd v Tey Por Yee with an understanding of how the Commonwealth counterparts have dealt with the same as discussed in the case, and its application to cases that have later developed in Malaysia, in line with the main tenet of the legal and justice system i.e. prompt and efficient disposal of litigation.