Low Hop Bing JCA:

Appeal

[1] On 22 February 2005, the Kuala Lumpur High Court dismissed with costs the appellant's ("the plaintiff's") originating summons which sought an order under s. 12 of the Arbitration Act 1952 ("s. 12") to appoint an arbitrator to hear and determine the dispute between the plaintiff and the respondent ("the defendant"). This appeal is brought by the plaintiff against that decision.

Factual Background

[2] On or about February 2001, the plaintiff purchased from the defendant two insurance policies, the first being Money Insurance Policy with a coverage of RM5 million; while the second is Burglary Insurance Policy with a coverage of RM1 million (collectively, "the policies").

[3] On or about 4 February 2001 and during the currency of the policies, the plaintiff's premises at Wisma Dancom, Lot 5, Jalan 51a/227b, 46100 Petaling Jaya, Selangor Darul Ehsan was robbed, and the goods covered under the policies were stolen.

[4] The defendant then appointed loss adjuster GAB Robins (Malaysia) Sdn. Bhd ("GAB Robins") to investigate the claim. Subsequently, the defendant appointed a new loss adjuster, Afil Adjuster, in place of GAB Robins to proceed with investi