Y.A. DATO' NIK HASHIM BIN NIK AB. RAHMAN, J.

This is an application by way of an originating summons pursuant to 0.69 of the Rules of the High Court 1980 and section 22(l)(a) of the B Arbitration Act 1952 (the Act) where at the request of both parties, the Arbitrator has stated a special case for the decision of this honourable Court.

Briefly, the Plaintiff and the Defendant are Parties to a building contract for the execution of works known as 'proposed Housing Scheme at Kepong, Mukim Batu, for 90 units of double storey link house'. The terms and conditions of the contract inter-alia included the terms and conditions set out in the standard form of Agreement and Schedule of Conditions of Building Contract issued under the sanction of Pertubuhan Akitek Malaysia and Institution of Surveyors (hereinafter called 'the Contract'). During the execution of the works by the Plaintiff (the Contractor) under the contract, the Defendant (the employer) purported to exercise its right under clause 25(1) of the contract to determine the Plaintiff's employment. The Defendant's architect, by a letter dated 19 July 1988 gave notice that in the architect's opinion, the Plaintiff had failed