Gopal Sri Ram JCA:

[1] This appeal does not raise any novel point of law. It has to do with the court's function in an application made under the Arbitration Act 1952 to challenge an arbitrator's award. That, of course, is a settled question. And I will, later in this judgment, deal with it at some length. In the case at hand, the High Court set aside one part of the arbitrator's award, varied another part and remitted yet another to the arbitrator. The appellant complains that the basis on which the High Court acted amounts to the exercise of appellate jurisdiction and therefore outside the set parameters of arbitral jurisdiction. The respondent argues that the learned judge kept entirely within the circumscribed limits of his jurisdiction. Or, if he did not, then, his decision is correct on the facts and no miscarriage has been occasioned. It is now important to set out the facts in a nutshell. Here they are.

[2] On 15 February 1997, the respondent appointed the appellant as the main contractor to construct an office and a factory. The parties entered into a formal agreement on 8 April 1998. That agreement was in the PAM form. That is to say, the contract was in the form