[Arbitration. Insurance policy containing standard arbitration clause. Originating summons issued by insured directed to obtaining payment under the policy. Defendant filing affidavits in response directed to demonstrating that the insured’s claim was unsustainable. Insurance company taking step in the action. No jurisdiction to stay proceedings in favour of arbitration.]

Foundation Contractor & Engineering Sdn Bhd v Cosmic Insurance Sdn Bhd

COACV/11/2009

Decision date: 27 May 2010