[1] The appellant's (defendant's) appeal in respect of registration of foreign arbitration award came up for hearing on 28 April 2014 and upon hearing submissions, we reserved judgment to 26 June 2014. My learned brothers Abdul Wahab Patail JCA and Azahar Mohamed JCA have read the draft judgment. This is our judgment.

Brief Facts

[2] The respondent (plaintiff) had obtained a final award in its favour from the International Court of Arbitration in Paris under the Rules of the International Chamber of Commerce. It is not in dispute that the defendant is not a party to the agreement but the arbitration tribunal had considered the issue and based on the documents had ruled that the defendant is liable notwithstanding the defendant did not participate in the arbitration hearing.

[3] The learned trial judge had meticulously summarised the facts. To save judicial time we reproduce the facts which reads as follows:

"The dispute between the parties originated from an agreement known as the Share Transfer Agreement (STA) which was executed between the plaintiff and several parties. It contains an arbitration clause. The defendant herein is not one of the parties to the STA. The parties who execu