Rahmah Hussain JCA:

The appeal before this court is against the decision of the learned High Court Judge in setting aside the arbitrators' award dated 22 February 2000.

The arbitration proceedings was instituted pursuant to an arbitration clause (cl. 6.03) of a Consultancy Services Agreement dated 26 October 1984 ("CSA") signed between the Lembaga Amanah Kebajikan Masjid Negeri Sarawak ("Lembaga") and Sami Mousawi-Utama Sendirian Berhad (appellant).

In the light of the pleadings filed by the parties in the arbitration proceedings and at the request of the parties thereto, the arbitrators directed that the following Preliminary Issue be tried, namely:

Whether the Claimant (a body corporate) being not an "Architect", "Engineer" or "Quantity Surveyor", as defined in the Architects Act, 1967, Registration of Engineers Act, 1967 and Quantity Surveyors Act, 1967, (respectively) can having regard to ss. 7 and 7A of the said Acts, provide in Malaysia, the comprehensive architectural, engineering and quantity surveying consultancy services for the design and supervision of the construction, building and erection of the new State Mosque and related buildings which the Claimant is co