The court upheld the arbitration award, finding no grounds for setting aside based on alleged breaches of natural justice or public policy.

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] These grounds of judgment are in relation to the following applications and decisions of the Court:

(a) the Notice of Application ('NoA') in encl 14 of Originating Summons No WA-24C(ARB)-27-08/2020 dated 11 August 2020 ('OS No 27') by Multi-Spex Architect Sdn Bhd ('Multi-Spex') pursuant to para 37(2)(a) of the Arbitration Act 2005 (' AA 2005'); O 1A, O 3 r 5 and/ or O 92 r 4 of the Rules of 2012 ('RoC 2012'); and/ or the inherent jurisdiction of the Court to, among others, be given leave to adduce fresh evidence for purposes of the hearing of OS No 27 ('Fresh Evidence Application'), which is Multi-Spex's application to set aside the Award dated 13 May 2020 ('Award') by the learned Arbitrator, Dato' Yeo Yang Poh ('Arbitrator'). This application was dismissed with costs of RM5,000.00;

(b) the NoA in encl 32 of OS No 27 by Multi-Spex pursuant to O 20, rr 5 and 7 of the RoC 2012 and/ or the inherent jurisdiction of the Court to be given leave to amend OS No 27 as proposed in Lampiran A to the NoA ('Amendment Application'). This application was dismissed with costs of RM3,500.00;

(c); the application by Multi-Spex pursuant to subparas 37(1)(a)(v); 37(1)(b)(ii); and 37(2)(b)(i) and (ii); and sub-section 37(3) AA 2005 to set aside the entire, or part of the, Award ('Setting Aside Application'). This application was dismissed with costs of RM10,000.00 subject to allocatur; and

(d) the application by East Coast Economic Region Development Council ('ECERDC') pursuant to s 38 AA 2005 and/ or the inherent jurisdiction of the Court to enforce the Award by entry as a judgment against Multi-Spex ('Enforcement Application'). This application was allowed with costs of RM10,000.00 subject to allocatur.

[2] As would be expected following from the aforementioned decisions, Multi-Spex is currently pursuing an appeal against the same. The full reasons for the decisions in respect of all four applications are provided herein below.

Salient Background Facts

[3] Multi-Spex is a company incorporated in Malaysia under the Companies Act 1965 [Act 125] and having a registered address at No 16-1, Jalan 2/23A, Taman Danau Kota, Off Jalan Genting Kelang, 53300 Kuala Lumpur and a business address at No 5-1, Jalan 15/48A, Sentul Raya Boulevard, Off Jalan Sentul, 51000 Kuala Lumpur.

[4] The ECERDC is a statutory body established on 13 June 2008 under the East Coast Economic Region Development Council Act 2008 [Act 688] with the objective of, inter alia, providing for the proper direction, policies and strategies in relation to the development within the East Coast Economic Region comprising of the States of Kelantan, Terengganu, Pahang and the District of Mersing in the State of Johor. The ECERDC has its registered address at Level 22, Menara 3 Petronas, Kuala Lumpur City Centre, 50088 Kuala Lumpur.

[5] By a contract dated 6 September 2010 ('Construction Contract'), ECERDC had appointed Pembinaan SPK Sdn Bhd ('PSPK') as the main contractor for "The Proposed Construction And Completion Of One Hundred (100) Units Of Houses, Five (5) Units Of Management Quarters, Amenities, Fifty Two (52) Animal Production Units (APU), Fodder Plot And Other Associated Facilities And Infrastructure Works For The Development Of Besut Setiu Agropolitan (BSA) Project at Panchur Bederu, Setiu, Terengganu ('Project'). The aim of the Project is to eradicate poverty by constructing buildings for Animal Production Units ('APU') for sheep-rearing, support facilities, housing and community facilities for the resettlement of villagers at the said area in Setiu.

[6] Earlier, by way of a Letter of Appointment ('LoA') dated 1 March 2010, ECERDC had appointed Multi-Spex as the Principal Consultant for the Master Planning and Detailed Design for the Project. The terms and conditions of the appointment are set out in Annexure 1 to the LoA ('Consultancy Agreement'). Multi-Spex's obligations are particularised in art 3.0 of the Consultancy Agreement whilst the Sc