Legal Dispute With Deteasia Holdings Gmbh ("DETE")

16 January 2006

Type

Announcement
Subject LEGAL DISPUTE WITH DETEASIA HOLDINGS GmbH ("DeTe")

Contents :

We refer to the previous announcement which we made on 1 September 2005 in relation to the handing down by the Arbitral Tribunal of the Award dated 2 August 2005 (‘the Award’) in International Court of Arbitration of the International Chamber of Commerce Case No 12615/MS instituted by DeTe against Celcom (Malaysia) Berhad ("Celcom"), a wholly owned subsidiary of Telekom Malaysia Berhad.


We also refer to the previous announcement made on 17 November 2005 where it was announced that Celcom had filed, in the High Court of Malaya, an ex parte application for leave to issue and serve an Originating Summons upon DeTe in Germany in the manner required under the Rules of the High Court 1980 for a declaration that the Award is contrary to the public policy of Malaysia and is accordingly unenforceable in Malaysia within the meaning of Section 5(2) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 (‘the Act’) and that DeTe whether by itself, its agents, servants or any of them or otherwise howsoever, be restrained, directly or indirectly, whether pursuant to the Act or otherwise, from seeking to enforce the Award as against Celcom in Malaysia. These proceedings are still pending in the High Court of Malaya.

On 16 January 2006, Celcom received a Claim Form for the Enforcement of an Arbitration Award filed in the High Court of Justice (Queen’s Bench Division) Commercial Court in London, England by DeTe against Celcom (“Enforcement Proceedings”).The Enforcement Proceedings arose out of the Award. Together with the Claim Form, Celcom also received an Order of the High Court dated 13 January 2006 (“Order”) in the Enforcement Proceedings prohibiting Celcom from removing from England or Wales any of its assets located in England or Wales up to the value of USD232 million until 27 January 2006 or until further order of court.

Celcom has instructed legal counsel in England to review and set aside the Order and to resist the Enforcement Proceedings.


Announcement Info

Company Name TELEKOM MALAYSIA BERHAD
Stock Name TELEKOM
Date Announced 16 Jan 2006
Category General Announcement
Reference No TM-060116-63160