JUDGMENT

Darryl Goon Siew Chye J:

[1] This case concerned an application that had invoked the repealed s 42 of the Arbitration Act 2005 (" AA ") to refer several questions of law to the Court and to set aside a ruling made by an arbitrator pursuant to ss 37(1)(a)(v) and 37(1)(b)(ii) of the .

Background To The Application

[2] The parties were locked in an arbitration.

[3] The Defendant had taken out an insurance policy with the Plaintiff in respect of what was a variety of equipment.

[4] According to the Defendant, during the cover of the insurance policy, there was heavy rainfall on 17th July 2005. This resulted in a flood which in turn damaged the insured properties of the Defendant.

[5] However, a dispute arose between the parties and, in accordance with the insurance policy taken out, the Defendant referred the dispute for the decision of an arbitrator.

[6] The Notice of Arbitration was issued on 1st June 2006. By then the AA had come into force. It came into force on 15th March 2006 and in accordance with s 23 thereof, the arbitration would be regarded as having commenced on 1st June 2006. There was no evidence that the parties had agreed otherwise or any contention to the con