Introduction

This is a motion by Sebor (Sarawak) Marketing Sdn Bhd (the applicant) for an Order that the award made between them and S A Shee (Sarawak) Sdn Bhd (the respondent) in an alleged arbitration by Wong Hai Ong on the 28 July 1999 be set aside or remitted for the reconsideration by the said Wong Hai Ong (the arbitrator). The grounds urged for the making of the order are:

• 1. That the Arbitrator was not validly appointed or that the parties never made a binding arbitration agreement;

2. That even if the Arbitrator was validly appointed by the parties to arbitrate on the dispute between the parties, the Arbitrator failed to consider all the evidence brought before him or had behaved in a way which is, or gives the appearance of being unfair, thereby amounting to misconduct.

3. That in deciding that the rate of painting the internal plastered wall for Damai Lagoon Hotel shall be RM0.35 per