[1] The Plaintiff is invoking the Court's jurisdiction under subparagraph 37(1)(a)(iv), paragraph 37(2)(b) and sub-s 37(3) of the Arbitration Act 2005 [Act 646] to set aside certain paragraphs of the Final Award dated 24 October 2012; namely paragraphs 117, 118, 120 to 125, 139 and 140. Alternatively, the Plaintiff seeks to set aside that Final Award, be it in whole or in part or to vary the same pursuant to s 42 of Act 646. Under s 42, the Plaintiff identified several questions of law for the Court's determination, the details of which will be examined later.

The Plaintiff's Claim

[2] By Letter of Intent dated 5 February 2003, the Defendant had offered to the Plaintiff a tender for a project known as "Cadangan Pembinaan Kompleks KDN/KA & LOGISTIK, Bukit Aman, Wilayah Persekutuan direct negotiations based on a "design and build" arrangement. The Plaintiff successfully tendered for the works and after negotiations the Defendant accepted the Plaintiff's offer vide letter of acceptance