[1] The appellant/the claimant in the arbitration proceedings appeals against the decision of the learned High Court judge for allowing the respondent's applications under ss 37 and 42 of the Arbitration Act 2005 ( AA 2005). In the instant case, the entire arbitration award was set aside under s 37. Sections 37 and 42 of 2005 read as follows:

"Application for setting aside

37. (1) An award may be set aside by the High Court only if:

(a) the party making the application provides proof that:

(i) a party to the arbitration agreement was under any incapacity;

(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or, failing any indication thereon, under the laws of Malaysia;

(iii) the party making the application was not given proper notice of the appointment of an arbitra