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2017 MarsdenLR 1811

HIGH COURT MALAYA KUALA LUMPUR
TH HEAVY ENGINEERING BERHAD – Appellant
Versus
INNOVATIVE SYNERGY SOLUTIONS SDN BHD – Respondent


Table of Content
1. establishing th heavy's involvement in the fpso project. (Para 1 , 2 , 3)
2. describing the non-payment and adjudication initiation. (Para 4 , 5 , 6 , 7 , 8)
3. innovative synergy's argument for jurisdiction under cipaa. (Para 9 , 10 , 11 , 12)
4. overview of the parties and the contract under dispute. (Para 13)
5. analysis of regulations and case law relevant to the appeal. (Para 14 , 15 , 23 , 25)
6. legal definitions analysis including construction work. (Para 18 , 21 , 26)
7. court’s interpretation of construction work and related jurisdiction. (Para 22 , 38)
8. conclusion of the judgment regarding the dismissal of the setting aside application. (Para 63 , 107 , 108)

[1] The Plaintiff, TH Heavy Engineering Berhad ("TH Heavy") is a public listed company with a particular focus on the business of heavy engineering industry which includes fabrication of offshore steel structures, the provision of other related offshore oil and gas engineering services as well of ship manufacturing.

[2] One of the projects that the Plaintiff had undertaken is to convert a ship (previously known as Nordic Laurita or Deep Producer 1) into a Floating Production, Storage and Offloading ("FPSO

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