19 Mar 2021
1. ) TECNICAS REUNIDAS MALAYSIA SDN BHD 2. ) 1. PETROVIETNAM ENGINEERING CONSULTANCY J.S.C. (PVE) 2. PETROVIETNAM ENGINEERING (M) SDN BHD 1. ) 1. PETROVIETNAM ENGINEERING CONSULTANCY J.S.C. (PVE) 2. PETROVIETNAM ENGINEERING (M) SDN BHD 2. )
- Citation
- WA-24C-279-12/2019, WA-24C-280-12/2019 & WA-24C-284-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-279-12/2019, WA-24C-280-12/2019 & WA-24C-284-12/2019 (Mahkamah Tinggi)
The court held that the Setting Aside Application failed: the adjudicator had jurisdiction under the CIPAA, the Payment Claim was validly served by a representative, and there was no material denial of natural justice or absolute lack of jurisdiction; RoBA did not bar adjudication/enforcement in the factual matrix; the adjudicator lawfully exercised procedural powers (including limiting documents) and made factual/legal findings on set‑offs and contract interpretation which do not justify setting aside the AD. Consequently the Enforcement Application was allowed. However, exercising its discr…