I. Introduction

[1] There are two actions before this court involving the same parties in different capacities. In R3-24-88-2009, Infineon Technologies (Malaysia) Sdn Bhd ("Infineon") is a Plaintiff with Orisoft Technology Sdn Bhd ("Orisoft") as the Defendant. In the other action, namely R3-24-70-2009 Orisoft is Plaintiff with Infineon as Defendant. I had earlier granted an interim injunction directed against Infineon in the second case, and the matter is now before this court technically on an inter-partes hearing to set aside this interim injunction but since a disposal of the interlocutory application will in effect dispose of the substance of the dispute, parties are agreed that I hear and decide on the substantive action as well. The subject matter of the injunction is a "Notice of Challenge" issued by Infineon against Orisoft and members of the Arbitral Tribunal in this case, under Article 10 of the UNCITRAL Arbitration Rules.

[2] The main action is R3-24-88-2009, where Infineon is Plaintiff, is an application to set aside an award given by the Arbitral Tribunal on 10 September 2009. This award dismissed the Claimant's (Orisoft's) claim with costs, but