JUDGMENT

Mary Lim Thiam Suan JCA:

[1] By encl 9 in the court below, the appellant sought to stay the respondent's application for enforcement of a Final Award rendered at arbitration proceedings concluded between the parties; or alternatively, to suspend the enforcement of that award, pending disposal of an intended arbitration between the parties. The application was dismissed. At the same time, the respondent's application for recognition and/or enforcement of the Final Award [encl 1] was allowed. On appeal against both decisions which appeals were heard together, we unanimously reversed those decisions and our reasons are set out below.

[2] The underlying facts are found in the decision of the learned Judicial Commissioner [as he then was] [JC], and we adopt the same to be set out here for ease of reference.

Background Facts

[3] The appellant had entered into a build, lease and transfer agreement dated 1 November 2010 with Metabolic Explorer Sdn Bhd [MetEx] to design, build, equip, test and commission a biotechnology facility for the production of propanediol (PDO) on a piece of land located in the appellant's biotechnology park in Johor Bahru [principal agreement]. The appellant sub