[1] This appeal arose out of the decision of the learned High Court Judge who, on 3 September 2014 dismissed the appellant's application (encl 6) to set aside the ex parte Order dated 4 March 2014 (the said ex parte Order) for the recognition and enforcement of a Final Award made in favour of the respondent in arbitration proceedings. The order for recognition and enforcement was made in accordance with s 38 of the Arbitration Act 2005 ( AA ) and under O 69 r 8(2)(b) of the Rules of 2012 (ROC).

[2] We had, after hearing submissions by counsel for both the appellant and the respondent, by a majority (Justice Nallini Pathmanathan dissenting) dismissed the appellant's appeal. Our reasons appear below.

[3] The appellant and the respondent will be referred to as they were referred to in the High Court.

[4] This appeal involves essentially a question of law, viz.

(a) Section 38 of the AA ;

(b) Section 39 of the AA ; and

(c) Order 69 r 8(2) of the Rules of 2012 (ROC).

To fully appreciate the issue at hand, it is perhaps necessary to set out a brief background of the facts leading to the present appeal. For this purpose, we adopt with some modification the brief background facts as set o