JUDGMENT

Eusoff Chin J:

The plaintiff, Zublin Muhibbah Joint Venture consists of a company called Ed Zublin AG of Germany, and a local company called Muhibbah Engineering (M) Sdn. Bhd. The plaintiff had entered into a contract with the Malaysian Government (the defendant) on 24 September 1981 to construct for the defendant three berths at Johor Port.

The plaintiff made claims and the Government (defendant) made counter claims under clause 67 of the contract, which went to an arbitrator.

The plaintiff retained a firm of advocates and solicitors M/s. Azman, Davidson and Co., to represent them in the proceedings before the arbitrator, Mr. C.H. Teoh.

Mr. Davidson who appeared for the plaintiff at the arbitration proceedings required one Mr. Mahir Jalili an American attorney who also holds a masters degree in Chemical Engineering to assist him to cross-examine witnesses because Mr. Jalili has had wide experience in international arbitration matters involving engineering contracts. Further, para. 8 of Davidson's affidavit states:

8. Mr. Mahir Jalili's role in these arbitration proceedings has up to the present stage been mainly concerned with preparation of witness statements, pleadings