JUDGMENT

Syed Agil Barakbah SCJ:

This appeal is against the order of dismissal by the High Court Judge of originating motion at the instance of the appellant to set aside the arbitrator's award dated 28 June 1986 or, alternatively, for it to be remitted for reconsideration by the same arbitrator or for consideration by another arbitrator as the parties agree.

On 24 January 1984, the appellant entered into a F.O.B. contract in writing with the respondent for the purchase of 500 metric tons of palm oil and it was agreed inter alia that any dispute arising out of and in connection with the said contract shall be submitted to arbitration. The material details of the contract as accepted by the arbitrator are as follows:

Contract reference: GEO/RBD PO M0012p/84 (Matthes & Porton Kuala Lumpur

MANDPKL/RDM 9122).

Product: Malaysia Refined. Bleached & Deodorised Palm Oil.

Quantity: 500 metric tons, bulk, 2% more or less at buyer's option to be

declared at time of vessel nomination.

Shipment: March 1984.

Price: US$1065 per metric ton, FOB Port Kelang/Pasir Gudang/

Butterworth in seller's option to be declared 30 days before

shipment month.

Weight Analysis: Shipped weight/shipped quality fina