JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an application to strike out an originating summons filed to set aside an arbitration award.

[2] The Plaintiff is a private limited company involved in the construction business.

[3] The Defendant is also a private limited company involved in the real estate business.

Background

[4] By a letter of acceptance of tender dated 26 May 2014 ("Contract"), the Defendant appointed the Plaintiff to construct and complete the project described as "Bangunan Pejabat 12 Tingkat (Fasa 2B) di Atas Sebahagian Lot 3282 dan PT 4543, Mukim Utan Aji, Kangar, Perlis Indera Kayangan" ("Project") at the contract sum of RM23,146,037.40.

[5] There were disputes and differences that arose between the parties in connection with the performance of the Contract and the Plaintiff instituted Kangar High Court Suit No RA-22NCVC-07-09/2017 against the Defendant claiming for the sum of RM8,807,931.65.

[6] The Defendant applied to stay the Suit to be referred to arbitration pursuant to s 10 of the Arbitration Act 2005 (" AA ") and the Court allowed the Defendant's application on 2 February 2018.

[7] As the result, the parties appointed Ir. Chong Thaw Sing as the arbitrator