Application for stay of proceedings and unconditional appearance

Dispute in the construction industry is the most common and sometimes cannot be avoided. Arbitration is a popular method in resolving dispute in the construction industry. The law relating to arbitration in Malaysia is governed the Arbitration Act 2005. All standard forms of contract in Malaysia pro...

Full description

Saved in:
Bibliographic Details
Main Author: Laton, Mohd. Fathel
Format: Thesis
Language:English
Published: 2012
Subjects:
Online Access:http://eprints.utm.my/id/eprint/31884/1/MohdFathelLatonMFAB2012.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
id my-utm-ep.31884
record_format uketd_dc
spelling my-utm-ep.318842018-04-17T09:16:15Z Application for stay of proceedings and unconditional appearance 2012-08 Laton, Mohd. Fathel TH Building construction Dispute in the construction industry is the most common and sometimes cannot be avoided. Arbitration is a popular method in resolving dispute in the construction industry. The law relating to arbitration in Malaysia is governed the Arbitration Act 2005. All standard forms of contract in Malaysia provide arbitration as the major method of dispute resolution. However, sometime a party may bring a dispute direct to litigation. The section 10 of the Act allows the other party to apply to the court for stay of the court proceedings provided that he has not taken any other steps in the proceedings. Entering appearance is one of the steps in any court’s proceedings. The entering of appearance may be conditional or unconditional. The courts seemed to have given inconsistent judgments whether or not entering of unconditional appearance as having taken steps in the proceedings. The objective of this research is to determine whether or not the entering of unconditional appearance a step in the proceedings. The methodology for this research is law case study method. The relevant law cases are extracted from the Malayan Law Journal. The examination of the law cases revealed that entering of unconditional appearance is not a step in the proceedings. Therefore, a party that intents to apply for a stay of court proceedings in order to resolve the dispute by arbitration need not be so much concern whether or not the entering of appearance is conditional or unconditional. 2012-08 Thesis http://eprints.utm.my/id/eprint/31884/ http://eprints.utm.my/id/eprint/31884/1/MohdFathelLatonMFAB2012.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
language English
topic TH Building construction
spellingShingle TH Building construction
Laton, Mohd. Fathel
Application for stay of proceedings and unconditional appearance
description Dispute in the construction industry is the most common and sometimes cannot be avoided. Arbitration is a popular method in resolving dispute in the construction industry. The law relating to arbitration in Malaysia is governed the Arbitration Act 2005. All standard forms of contract in Malaysia provide arbitration as the major method of dispute resolution. However, sometime a party may bring a dispute direct to litigation. The section 10 of the Act allows the other party to apply to the court for stay of the court proceedings provided that he has not taken any other steps in the proceedings. Entering appearance is one of the steps in any court’s proceedings. The entering of appearance may be conditional or unconditional. The courts seemed to have given inconsistent judgments whether or not entering of unconditional appearance as having taken steps in the proceedings. The objective of this research is to determine whether or not the entering of unconditional appearance a step in the proceedings. The methodology for this research is law case study method. The relevant law cases are extracted from the Malayan Law Journal. The examination of the law cases revealed that entering of unconditional appearance is not a step in the proceedings. Therefore, a party that intents to apply for a stay of court proceedings in order to resolve the dispute by arbitration need not be so much concern whether or not the entering of appearance is conditional or unconditional.
format Thesis
qualification_level Master's degree
author Laton, Mohd. Fathel
author_facet Laton, Mohd. Fathel
author_sort Laton, Mohd. Fathel
title Application for stay of proceedings and unconditional appearance
title_short Application for stay of proceedings and unconditional appearance
title_full Application for stay of proceedings and unconditional appearance
title_fullStr Application for stay of proceedings and unconditional appearance
title_full_unstemmed Application for stay of proceedings and unconditional appearance
title_sort application for stay of proceedings and unconditional appearance
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2012
url http://eprints.utm.my/id/eprint/31884/1/MohdFathelLatonMFAB2012.pdf
_version_ 1747815868890349568