[1] The appellant/defendant appealed against the judgment of the learned High Court Judge in respect of an application by the respondent/plaintiff/ claimant for two arbitration awards issued in Malaysia, to be recognised and enforced as judgments, pursuant to s 38 of the Arbitration Act 2005 ( AA 2005). The award in question was related to s 3(3) of 2005 which states as follows:

"3. Application to arbitrations and awards in Malaysia

...

3) In respect of an international arbitration, where the seat of arbitration is in Malaysia:

(a) Parts I, II and IV of this Act shall apply; and

(b) Part III of this Act shall not apply unless the parties agree otherwise in writing."

[2] What is important to note in the instant case is that it is not permissible to argue issues relating to the award or merit of the award, etc under s 38 of AA 2005 as the merit of the award cannot be an issue under s 38, whereas it is permissible to place such an argument in an application under s 39 of 2005. The respondent's application was premised under s 38 (which has to be read with s 39) as evidence in the intitulement to the application found at pp 14 to 17 Volume 1 Part A of