Lee Swee Seng JCA:

[1] The sole ground for this appeal is whether an arbitral award ought to be set aside for non-compliance with the arbitration agreement in that the arbitrator was not validly appointed following the procedure for appointment in the arbitration agreement between the parties. The parties, ZMSB and PSB had entered into a Memorandum of Agreement ("MOA") wherein payments were made by ZMSB to PSB for the iron ore extracted from the land in accordance with the agreement between the parties.

[2] The arbitration clause in the agreement reads as follows:

" 11. SETTLEMENT OF DISPUTES

If at any time any question, dispute or difference of opinion shall between parties upon or in relation to or in connection with this Agreement or any party thereof either party may forthwith give to the other notice in writing of the existence of such question, disputes or difference of opinion and the same shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement or accepted (sic) within one (1) month from the service of the notice of first nomination of arbitrator given by either party then to such person or persons as maybe appointed by the Presid