Introduction

[1] The appellant had, pursuant to ss 42 and 37 of the Arbitration Act 2005 (" AA "), posed 10 questions for determination by the High Court arising from a Final Award ("Award") published on 15 July 2013 by the Honourable Arbitrator, Mr Chong Thaw Sing ("the Arbitrator"). The appellant was the claimant in the arbitration proceedings.

[2] The learned Judicial Commissioner ("the learned judge"), who dealt with those questions, declined however, in net effect, to interfere with the Award, save for a variation downwards of the quantum of damages awarded to the respondent on their counterclaim from RM9,238,770.00 to RM4,619,385.00.

[3] The notice of appeal filed in this appeal was against the whole of the decision of the learned judge. However, in the memorandum of appeal and submission filed, the appellant did not pursue their appeal against the learned judges decision to dismiss the appellants application under s 37 AA , that is, to have the Award set aside on the ground that there had occurred a breach of natural justice during the arbitral proceedings or in connection with the making of the Award.

[4] The respondent had filed a cross-appe