[1] The subject matter of this appeal is an arbitration award which was challenged by the present respondent, Perwira Bintang Holdings Sdn Bhd, in the High Court on the basis of s 37(1)(a)(iv), 37(2)(b) and 37(3) of the Arbitration Act 2005 ("the Act") to set aside identified paragraphs in the Final Award dated 24 October 2012 ("the Award"). Altogether, the application under s 37 of the Act was to set aside ten paragraphs in the Award. These paragraphs are paras 117, 118, 120, 121, 122, 123, 124, 125, 139 and 140. As a further and alternative prayer, Perwira Bintang Holdings Sdn Bhd also applied to set aside or vary in part, or in whole, the Award under s 42 of the Act.

[2] The arbitration concerned a domestic arbitration in relation to a claim for "extra over" payment for piling work through "hard rock" in a design-and-build construction contract where Perwira Bintang Holdings was the main contractor, and the Government of Malaysia the owner/employer.

[3] Perwira Bintang Holdings Sdn Bhd was the claimant in the arbitration proceeding, and the plaintiff in the High Court action to set aside or vary the Award. Hence, the present appellant, the Government of Malaysia, was the respond