Nadzarin Wok Nordin J:

GROUNDS OF JUDMENT

(Enclosure 1)

[1]In Originating Summons No. WA-24C(ARB)-30-05/2024 (OS 30) Datuk Bandar Kuala Lumpur (“DBKL”) has applied to this Court to set aside the Arbitration Award dated 6.2.2024 (“Award”) made in favour of Sri Tinggi Sdn Bhd (“STSB”) pursuant to section 37(1)(a)(iii) and (v)Arbitration Act 2005

[2]In Originating Summons No. WA-24C(ARB)-16-03/2024 (OS 16), STSB has applied to enforce the Award in accordance with section 38Arbitration Act 2005

Brief Background Facts

[3]DBKL was the Employer of the project known as “Cadangan Membina Persimpangan Bertingkat Di Persimpangan Jalan Ampang/ Jalan Jelatek at Kuala Lumpur” (“Project”).

[4]By way of a Letter of Acceptance dated 21.7.2014 (“LOA”), DBKL appointed STSB as a contractor to undertake the construction of a multi-level interchange at Jalan Ampang/Jalan Jelatek (“ Works”) for a contract sum of RM165,303,202.15.

[5]Pursuant to the LOA, the parties entered into and executed the DBKL Form 203A (Rev. 1/2010) together with the Special Provision to the Condition of Contract.

[6]The agreement between the parties consists of the following documents as contained in the Contract Documents: –

(a)Instructio