JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is application to discharge and change an arbitrator in the course of arbitration proceedings.

[2] The Plaintiff is a private limited company and a subsidiary of the Syarikat Perumahan Negara Berhad which has been entrusted by the Malaysian Government to develop and provide affordable public housing.

[3] The Defendant is also a private limited company involved in the property development construction business.

Background and Preliminary

[4] By a development agreement dated 16 October 2014 ("Contract"), the parties agreed to develop and built service apartments and retail spaces on part of the land held under H.s (D) 119203, PT 9525 in Mukim Ampang, Daerah Ulu Langat, Negeri Selangor Darul Ehsan ("Project"). The Contract contained the following dispute resolution clause:

20 Arbitration

All disputes, differences and questions which may arise at any time hereafter between the Turnkey contractor and SPNBASB regarding the true construction and interpretation of this Agreement or as to the rights and liabilities of the parties shall be referred to the decision of a single arbitrator in Malaysia to be agreed upon between the parties or failing agree