[1] At the commencement of the hearing of the appeal, the court was informed by the parties that they agree that the decision in Civil Appeal W-02(NCC)-177-01-2012 will apply to and binds the parties in Civil Appeal W-02(NCC)-176-01-2012.

Brief Background

[2] The parties had entered into a sale contract dated 3 April 2009 for the sale of Palm Olein and Palm Kernel Oil. The price of Palm Olein at USD849.75 per tonne and Palm Kernel Oil at USD820.50 per tonne included freight charges. The sale contract contained an Arbitration Agreement. The dispute submitted to the arbitration by the appellant and the respondent was whether, at a meeting on 10 April 2009 in Istanbul, the respondent Pacific Inter-Link Sdn Bhd as seller, had agreed orally to give the appellant a discount of USD30 per tonne in respect of adjustment of the freight component.

[3] The arbitration was conducted on documents only. The arbitral tribunal concluded that the respondent had orally agreed to give the discount of USD30 per tonne. On this basis, it awarded the sum of USD180,768.42 to the appellant.

[4] By an originating summons on 15 August 2011, the appellant Food Ingredients LLC had applied, pursuant to s 38 of the A