Stay Pending Arbitration : When Parties have the Option to Arbitrate or to Litigate in Court
Setia Awan Management Sdn Bhd v SPNB Aspirasi Sdn Bhd [2025] CLJU 982
What if the dispute resolution clause under the contract gives the parties the option to either arbitrate or litigate in Court? Can such a clause still be considered as an arbitration agreement? If so, would it be “null and void, inoperative or incapable of being performed” due to lack of certainty?