Terms & Conditions

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Dispute Resolution

22.1 In the event that there is any dispute or claim arising out of or in connection with this Agreement or the interpretation of this Agreement (“Dispute”), either party may issue a written notice (“Dispute Notice”) to the other Party stating the nature of the Dispute and requesting that the authorised representatives of each Party resolve the Dispute. If the authorised representatives of the Parties are not able to resolve the Dispute after a period of thirty (30) days from the date the Dispute Notice or such other extended period as may be mutually agreed between the Parties, then the Parties will attempt to settle the Dispute by mediation which shall take place in accordance with the Kuala Lumpur Regional Centre for Arbitration Mediation Rules for the time being in force The mediation shall start not later than thirty (30) days after the appointment of the mediator. Provided that the right to issue proceedings is not prejudiced by a delay, no Party shall commence arbitration or court proceedings in relation to any Dispute until the following:

  1. (a) it has attempted to settle the Dispute by mediation and no settlement is reached within sixty (60) days after the commencement of the mediation or such other extended period as may be agreed by the Parties; or
  2. (b) the mediation is terminated or brought to an end without the Parties reaching a settlement on the Dispute.

Where mediation is not successful, then either Party may refer the Dispute to arbitration in accordance with the rules of the Arbitration Act 2005 for the time being in force.

22.2 The arbitration proceedings shall be conducted in English and the seat and place of arbitration shall be Kuala Lumpur, Malaysia.

22.3 There shall be a single arbitrator to be mutually agreed in writing by the Parties and if the Parties fail to agree within thirty (30) days from the date the Dispute is referred to arbitration, the arbitrator shall be appointed by the Director of the Kuala Lumpur Regional Centre for Arbitration

22.4 A Party shall not be prevented from seeking or obtaining an enjoining order, interim order or interim relief in the court prior to the arbitral tribunal being instituted.

22.5 Recognition and enforcement of the arbitration award may be rendered in any court of competent jurisdiction, as the case may be.

22.6 The Parties agree that the arbitration award shall be final and binding on the Parties.

22.7 To the fullest extent permitted by law, each of the Parties hereby expressly waive any right under any relevant laws and regulations, decrees or policies having force of law that would otherwise give a right to appeal against the decision of the arbitral tribunal, and the Parties agree that no Party shall appeal to any court against the award or decision contained therein.

22.8 No Party or person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute unless the same is required by law or rules of any stock exchange.

22.9 Notwithstanding the provision of this Clause 22, a Party may pursue remedies for breach of confidentiality under Clause 13 and/or with respect to its Intellectual Property Rights in the Malaysian courts.