RAUS
SHANMUGAM PARAMSOTHY – Appellant
Versus
THIAGARAJAH POOINPATARSAN – Respondent
(1) :
(2) 1 This is an application for an order that the arbitration award dated 24 March 2000 by the learned arbitrator to be set aside, or alternatively, be remitted for reconsideration by reason of the learned arbitrator erroneously stating and applying the principles of law in his award. This application was made under ss 23 and 24 of the Arbitration Act 1952 (‘the Act’) and under O 69 of the Rules of the High Court 1980 (‘the RHC’).
Factual background
(3) 2 The arbitration proceedings is pertaining to a clinic known as ‘Federal Clinic’ which is owned and operated by the third respondent. The applicant, the first and second respondents are directors and shareholders of the third respondent. The three of them entered into two agreements dated 28 February 1979 and 25 February 1980, which provided that any disputes and questions arising from the said agreements shall be referred to a single arbitrator. Disputes arose between the parties and arbitration proceeding were commenced before the late Dato’ Ronald TS Khoo (‘the first arbitrator’) in March 1998. On 24 November 1989, the first arbitrator handed down an interim award, in which it was declared, inter alia, th
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