About the Seminar:

Adjudication under the Building and Construction Industry Security of Payment Act (Cap 30B) (the “SOP Act”) is a “fast and low cost adjudication system to resolve payment disputes”. It is designed to facilitate cash flow and has been well used since its inception in 2005. But adjudication determinations enjoy only “temporary finality” under Section 21 of the SOP Act. What does this mean, and how has this concept influenced or affected Court decisions?

In this seminar, the speaker, Mr Chia Chor Leong, will address this and other questions such as:

• If parties later go to arbitration, what impact does the adjudication determination have on the arbitration and the making of the award?
• Can the adjudication determination itself (and the Order of Court granting leave to enforce it) be the subject of a reference to arbitration?
• Can it be the subject of an interim award?
• What is the effect of it being binding until the dispute is “finally determined” by the tribunal?
• How can a party use a favourable adjudication determination to its advantage in an arbitration?
• Can the tribunal consider the adjudication determination or the issues and submissions in the adjudication in making its award?
• How should the tribunal treat the adjudication determination?
• Is the tribunal obliged or allowed to open up and review it?

 Seminar Programme:

About the Speaker:

Mr. Chia Chor Leong is a lawyer who has been in legal practice for more than 36 years, mainly in the field of dispute resolution and specializing in contract and construction law. He is a Senior Adjudicator accredited by Singapore Mediation Centre, and has had more than 10 years of experience as an adjudicator under the Building and Construction Industry Security of Payment Act (Cap 30B). He has acted as adjudicator (and as review adjudicator) in more than 70 adjudications (including adjudication reviews) to-date, and has written and issued more than 60 Adjudication Determinations (including Adjudication Review Determinations) to date. Chor Leong is also a Fellow of the Singapore Institute of Arbitrators. He is on the panel of arbitrators of the Singapore Institute of Arbitrators, Singapore International Arbitration Centre, The Law Society Arbitration Scheme, and the Kuala Lumpur Regional Centre for Arbitration. Chor Leong is also a Senior Mediator on the panel of The Law Society Mediation Scheme, and an Associate Mediator accredited by the Singapore Mediation Centre.

About the Chairperson:

Mr. Naresh Mahtani, FSIArb, FCIArb, has been in active legal practice for 30 years, in dispute resolution and in regional and international construction and oil and gas projects in various cases in Singapore and the region. He was Chairman of the Society of Construction Law, Singapore (2006 – 2008) and is currently the Hon. Secretary and Course Director of the Singapore Institute of Arbitrators. He was a founding partner of ATMD Bird & Bird LLP; and is currently a partner with Eldan Law LLP, with an on-going active practice as arbitrator, adjudicator and mediator, as well as counsel and advisor for the resolution of disputes. He has a keen interest in “New ADR” for more efficient and progressive means of resolving disputes to be used in conjunction with more established procedures.

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