[1] Pembinaan Punca Cergas, the respondent here, seeks vide this application, an order pursuant to s 30(5) of the Limitation Act 1953 . In essence that section allows the court, in the exercise of its discretion, to exclude that period of time between the date of commencement of an arbitration, and the date on which the court declares the arbitration to cease to have effect, for the purposes of computing time in relation to the limitation period for any given cause of action in relation to that dispute.

[2] Section 30 (5) of the Limitation Act 1953 provides as follows:

"(5) Where the High court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the court may further order that the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time