JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] Originating Summons WA-24NCC(ARB)-17-03/2022 ("OS 17") was filed by the Plaintiffs (collectively "the Respondents") against the Defendant ("Gurtaj") to set aside a Final Award dated 8 March 2022 ("the Final Award") and the Correction to Final Award dated 24 March 2022 (collectively "the Award") pursuant to s 37 of the Arbitration Act 2005 (" AA ").

[2] Gurtaj as Plaintiff in OS No: WA-24NCC(ARB)-21-03/2022 ("OS 21") applied to recognise and enforce the Award.

[3] Both OS 17 and OS 21 were heard together as the Award is either recognised and not set aside, or not recognised and is to be set aside.

[4] After having read the cause papers, considered the submissions and heard oral arguments, I dismissed OS 17 and allowed OS 21. This judgment contains the reasons for the decisions delivered on 4 August 2022.

Background Facts

[5] Gurtaj and the Respondents together with others are shareholders in a company known as Tune Talk Sdn Bhd ("the company"). The shareholders and the company are parties to a Shareholders Agreement dated 23 December 2008 ("SHA"). The SHA contained an arbitration agreement in cl 16 that reads:

"16.1 If any controversy, cla