JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] The events giving rise to this dispute, resulting in this appeal, took place in Panampang, near Kota Kinabalu, Sabah. The appellant, Masenang Sdn Bhd ('Masenang') is the contractor under a standard PAM construction contract between itself and one Sabanilam Enterprise Sdn Bhd ('Sabanilam'), the employer. Disputes arose over the construction works resulting in a resolution of the dispute by way of arbitration.

[2] The agreement between the parties is a standard PAM contract 2006. Clause 34.5 relates to arbitration and is entitled "Disputes referred to arbitration". It is effectively the arbitration agreement and provides as follows:

"34.5 In the event that any dispute or difference arises between the Employer and Contractor, either during the progress or after completion or abandonment of the Works regarding:

34.5(a) any matter of whatsoever nature arising under or in connection with the Contract;