(3 Originating Summonses)

Wong Kian Kheong J:

A. Introduction

[1] This is a judgment concerning Mammoth Empire Construction Sdn Bhd (Mammoth), Kenwise Sdn Bhd (Kenwise) and the following three originating summonses (OS):

(1) OS No BA-24NCC(ARB)-1-07/2019 (Mammoth's Reference OS) has been filed by Mammoth against Kenwise which refers six questions of law (6 Questions) to this court pursuant to s 42(1) of the Arbitration Act 2005 ( AA ). According to Mammoth, the 6 Questions arose from a final arbitral award dated 12 June 2019 by a sole arbitrator, Mr Nahendran Navaratnam (Arbitrator), in favour of Kenwise against Mammoth (Award); and

(2) Mammoth has also filed OS No BA-24NCC(ARB)-2-08/2019 (Mammoth's Setting Aside OS) against Kenwise to set aside the Award under s 37(1)(a)(iv), (v), (b)(ii), (2)(b)(i) and (ii) AA ; and

(3) OS No BA-24C(ARB)-6-09/2019 has been filed by Kenwise against Mammoth for a court order under s 38(1) AA to recognize the Award as binding and be enforced by entry as a judgment in terms of the Award (Kenwise's Enforcement OS).

B. Background

[2] Mammoth was a main contractor of a development project known as "Empire City" (Project).

[3] By way of a Letter o