Raus Sharif J:

[1] This is an application by the applicant to set aside the award of the learned arbitrator, Dato' Peh Swee Chin made on 14 September 1999 on the grounds that there is an error of law on the face of the award and/or that the learned arbitrator has misconducted himself within the meaning of s. 24(2) of the Arbitration Act 1952 ("the Act").

[2] Briefly, the factual background that led to this application by the applicant are as follows.

[3] The applicant was seriously injured in an accident on 28 June 1992, as a result of which he sustained total blindness of his right eye. At the material time he was insured by all the respondents as well as by Mercantile Insurance Sdn. Bhd. As the result from his injuries, the applicant made his claims against the said insurance companies. The insurance companies, however, denied liability solely on the ground of misrepresentation and/or material non disclosure. By agreement, the parties appointed the learned arbitrator to determine the disputes. However, the claim against the Mercantile Insurance Sdn. Bhd. was stayed pending the granting of leave by the High Court to continue proceeding against it, as it had at the material t