Singapore legislation
Clause 34
of Building and Construction Industry Security of Payment Bill
Clause 34
Effect on other proceedings
(1)
Nothing in this Act shall affect any right that a party to a contract may have —
to submit a dispute relating to or arising from the contract to a court or tribunal, or to any other dispute resolution proceeding;
to apply for adjudication under this Act, notwithstanding that the dispute is the subject of proceedings in a court or tribunal or the subject of any other dispute resolution proceeding; or
to take such measures as he is entitled under Part V to enforce payment of any adjudicated amount.
(2)
If a party to a contract submits a dispute relating to or arising from the contract to a court or tribunal or to any other dispute resolution proceeding while the dispute is the subject of an adjudication under this Act, the submission to that other dispute resolution proceeding shall not bring to an end or otherwise affect the adjudication.
(3)
An adjudicator shall terminate the adjudication proceedings on a dispute relating to or arising from the contract if, before the adjudicator determines the dispute, the dispute is determined by a court or tribunal or at any other dispute resolution proceeding.
(4)
In any proceeding before a court or tribunal in relation to any matter arising under or by virtue of a contract, the court or tribunal —
shall allow for any amount paid to a party to the contract under, or for the purposes of, this Act in any order or award it makes in the proceeding; and
may make such orders as it considers appropriate, having regard to any action taken by a party to the contract in good faith and in reliance on an adjudication determination made under this Act.