KUALA LUMPUR, OCT 13 — Broadcast supplier AV Asia Sdn Bhd has failed in arbitration proceedings against Astro Malaysia Holdings Bhd’s unit MEASAT Broadcast Network Systems Bhd (MBNS), the latter said today.

AV Asia previously alleged that MBNS had breached the terms of a mutual non-disclosure agreement (MNDA) dated August 1, 2008, and used confidential information it provided to launch the Astro B.yond High Definition (HD) product.

“The Arbitral Tribunal ruled that MBNS is not in breach of the MNDA,” said a statement by Astro today referring to the October 10 decision.

“The Arbitral Tribunal also dismissed the Counterclaim of AV Asia for RM300 million and ordered AV Asia to pay costs in the sum of US$1,051,554 (RM3,428,749.55) to MBNS.”

AV Asia, a supplier of broadcast supporting equipment, had sued MBNS and Tele System Electronic (M) Sdn Bhd, seeking RM1.3 billion in damages.

AV Asia previously alleged that MBNS had breached the terms of a mutual non-disclosure agreement and used confidential information it provided to launch the Astro B.yond High Definition product. — AFP pic

In October 2010, AV Asia filed for an injunction order to stop MBNS from using its confidential information.

On December the same year, the High Court allowed MBNS’s application to stay the proceedings relating to the civil suit and ordered the matter to undergo arbitration.

However, the High Court on May 2011, dismissed AV Asia’s application for injunction.

AV Asia later appealed unsuccessfully the High Court’s decision to order the suit to undergo arbitration and the refusal to grant the company the injunction order.

It then tried to quash the High Court decision in the Federal Court, but failed to obtain leave in 2012.