[1] This is an appeal against the setting aside, by the High Court, of an international arbitral award (award) of US56.21m obtained by the appellants (hereinafter referred to as appellants). The appellants appealed but were unsuccessful at the Court of Appeal. The appellants applied and were granted leave to raise the following questions of law before this Court:

(i) Where the governing law of the contract is foreign law and the seat of arbitration (seat) is Malaysia, does the parties stipulation of Malaysia as the seat constitute an express agreement that the law governing the arbitration agreement is Malaysian law?

(ii) Whether a party to an arbitration can properly obtain an order to set aside the award on the ground that the arbitral tribunal had no jurisdiction when that party has brought a counterclaim in that arbitration seeking positive relief against a non-signatory to the arbitration agreement?

(iii) Whether a party to an arbitration can properly obtain an order to set aside the award on the ground that the arbitral tribunal had no jurisdiction when that party has brought a counterclaim in that arbitration seeking positive relief based on contracts other than the contract co