Aliza Sulaiman J:

Introduction

[1] The business relationship between the parties, Majlis Agama Islam Wilayah Persekutuan ('MAIWP') and Johawaki Development Sdn Bhd ('Johawaki'), which began approximately in September 2003 when Johawaki offered its wide experience in property development to develop a piece of MAIWP's land by way of privatisation, has been through a chequered history. Following a letter issued on 21 June 2004 indicating MAIWP's acceptance of the said offer, the parties entered into a Joint Venture Agreement ('JVA') on 24 August 2004.

[2] Unfortunately, what started as good intentions to build the Institut Kemahiran Baitumal ('IKB') for MAIWP in exchange for the balance of the land to be transferred to Johawaki for purposes of mixed development consisting of commercial and residential properties, ended with the parties being embroiled in a dispute leading to MAIWP's termination of the JVA on 26 June 2012.

[3] MAIWP then initiated arbitration and naturally, this was met with resistance by Johawaki who submitted its own counterclaim. The learned Arbitrator, Bhag Singh, eventually dismissed MAIWP's claim against Johawaki and allowed Johawaki's counterclaim in his Fin