Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiff's application to set aside and/or vary the arbitrator's award dated 14 April 2009 which also incorporates the interim award dated 8 May 2008. The defendant has also filed for registration and enforcement of the final award pursuant to s 38 of Arbitration Act 2005 (AA 2005). The applicant is making this application under the Arbitration Act 1952 or in the alternative AA 2005. The applicant had not intituled the appropriate sub section of the 2005 Act which is relied upon and that could be fatal for reasons which I shall adumbrate further in my judgment. In addition, the plaintiff has not set out the facts leading to the grounds in a concise manner within the spirit and intent of the relevant sub sections of ss 37 and 42 which gives no option to the court but dismiss the application in limine. This judgment is for Originating Summons R3-24-28-2009 as well as Originating Summons R3-24-48-2009.

[2] The plaintiff's prayer inter alia reads as follows:

(1) that the award made between the above named parties to the abovementioned Arbitration by Mr Tiong Kian Boon dated 14 April 2009, which incorporates the