Azlan Sulaiman J:

Introduction

[1] An arbitration between Sinerjuta Sdn Bhd ("Sinerjuta") and JO Architects Sdn Bhd ("JO Architects") resulted in a Final Award dated 25 September 2024 ("Final Award") in JO Architect's favour.

[2] Originating Summons No: WA-24C(ARB)-75-12/2024 ("OS 75/2024") is Sinerjuta's application under several provisions of s 37 of the Arbitration Act, 2005 ("Act") to, inter alia, set the Final Award aside, and Originating Summons No: WA-24C(ARB)-1- 01/2025 ("OS 1/2025") is JO Architect's application to enforce the Final Award against Sinerjuta under s 38 of the Act.

[3] In this Judgment, I will consider OS 75/2024 first as, if the Final Award is set aside, that would dispense with the need to even decide OS 1/2025.

Salient Facts

[4] By a Letter of Appointment dated 10 March 2014 ("LOA"), Sinerjuta had appointed JO Architect's to provide architectural consultancy services for a project to develop one 34-storey block of 524 affordable housing units in the Kampung Muhibbah, Mukim Petaling, Kuala Lumpur ("Project").

[5] Clause B of the LOA provided for the fees payable to JO Architect, as follows:

"The professional fees shall be calculated as 1.80% of the Awarde