Comparison View

Formal Consolidation |  Amended Act 29 of 2020
Application for determination
37.—(1)  Subject to subsection (1A), a party to an affected contract (called in this section and section 37A A) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint an assessor to make a determination —
(a)whether the case is one to which this Part applies; and
(b)in a case to which this Part applies, whether it is just and equitable in the circumstances of the case —
(i)for any prescribed obligation or prescribed right under the contract to be performed or exercised in a manner other than in accordance with the terms of the contract; and
(ii)for any prescribed term in the contract to be varied, released or discharged.
[Act 30 of 2020 wef 30/09/2020]
(1A)  A may not apply to the Registrar to appoint an assessor to make a determination under subsection (1) if, in relation to the prescribed obligation or prescribed right under the contract in question, or the prescribed term in the contract in question —
(a)proceedings before a court have commenced against A;
(b)arbitral proceedings under the Arbitration Act (Cap. 10) have commenced against A;
(c)an adjudication application has been made under section 13(1) of the Building and Construction Industry Security of Payment Act (Cap. 30B) (called in this Part SOPA) for a claim against A; or
(d)a judgment, an arbitral award or a determination, in relation to proceedings or an application mentioned in paragraph (a), (b) or (c), has been given or made.
[Act 30 of 2020 wef 30/09/2020]
(2)  A copy of the application under subsection (1) must be served within the period specified in the regulations made under section 39 on —
(a)the other party or parties to the affected contract; and
(b)such other person as may be prescribed.
(2A)  The Registrar may, for the purposes of deciding whether to appoint an assessor to determine an application, request A to provide further information within the time specified by the Registrar.
[Act 30 of 2020 wef 30/09/2020]
(2B)  The Registrar may reject an application if —
(a)the application is incomplete or otherwise not made in accordance with subsection (1);
(b)A fails to satisfy the Registrar that subsection (2) is complied with;
(c)A fails to comply with the Registrar’s request under subsection (2A);
(d)the Registrar reasonably suspects that any information provided by A to the Registrar is false or misleading in a material particular; or
(e)it appears to the Registrar, from the application or any information provided by A in subsection (2A), that —
(i)the application is made in breach of subsection (1A);
(ii)the contract in question does not satisfy section 36(1)(a)(i), (ii) or (iii);
(iii)one or more of the parties to the contract in question is a prescribed person mentioned in section 36(1)(a);
(iv)the case does not satisfy the prescribed conditions under section 36(1)(b);
(v)the case comes within the circumstances mentioned in section 36(2);
(vi)the application does not disclose —
(A)any prescribed obligation or prescribed right under the contract in question; or
(B)any prescribed term in the contract in question; or
(vii)the application is frivolous or an abuse of process.
[Act 30 of 2020 wef 30/09/2020]
(3)  Unless the Registrar rejects an application under subsection (2B), the Registrar must appoint an assessor to determine the application and must serve a notice of the appointment on the applicant and on all the parties mentioned in subsection (2).
[Act 30 of 2020 wef 30/09/2020]
[Act 29 of 2020 wef 30/09/2020]
Informal Consolidation | Amended Act 30 of 2020
Application for determination
37.—(1)  Subject to subsection (1A), a party to an affected contract (called in this section and section 37A A) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint an assessor to make a determination —
(a)whether the case is one to which this Part applies; and
(b)in a case to which this Part applies, whether it is just and equitable in the circumstances of the case —
(i)for any prescribed obligation or prescribed right under the contract to be performed or exercised in a manner other than in accordance with the terms of the contract; and
(ii)for any prescribed term in the contract to be varied, released or discharged.
[Act 30 of 2020 wef 30/09/2020]
(1A)  A may not apply to the Registrar to appoint an assessor to make a determination under subsection (1) if, in relation to the prescribed obligation or prescribed right under the contract in question, or the prescribed term in the contract in question —
(a)proceedings before a court have commenced against A;
(b)arbitral proceedings under the Arbitration Act (Cap. 10) have commenced against A;
(c)an adjudication application has been made under section 13(1) of the Building and Construction Industry Security of Payment Act (Cap. 30B) (called in this Part SOPA) for a claim against A; or
(d)a judgment, an arbitral award or a determination, in relation to proceedings or an application mentioned in paragraph (a), (b) or (c), has been given or made.
[Act 30 of 2020 wef 30/09/2020]
(2)  A copy of the application under subsection (1) must be served within the period specified in the regulations made under section 39 on —
(a)the other party or parties to the affected contract; and
(b)such other person as may be prescribed.
(2A)  The Registrar may, for the purposes of deciding whether to appoint an assessor to determine an application, request A to provide further information within the time specified by the Registrar.
[Act 30 of 2020 wef 30/09/2020]
(2B)  The Registrar may reject an application if —
(a)the application is incomplete or otherwise not made in accordance with subsection (1);
(b)A fails to satisfy the Registrar that subsection (2) is complied with;
(c)A fails to comply with the Registrar’s request under subsection (2A);
(d)the Registrar reasonably suspects that any information provided by A to the Registrar is false or misleading in a material particular; or
(e)it appears to the Registrar, from the application or any information provided by A in subsection (2A), that —
(i)the application is made in breach of subsection (1A);
(ii)the contract in question does not satisfy section 36(1)(a)(i), (ii) or (iii);
(iii)one or more of the parties to the contract in question is a prescribed person mentioned in section 36(1)(a);
(iv)the case does not satisfy the prescribed conditions under section 36(1)(b);
(v)the case comes within the circumstances mentioned in section 36(2);
(vi)the application does not disclose —
(A)any prescribed obligation or prescribed right under the contract in question; or
(B)any prescribed term in the contract in question; or
(vii)the application is frivolous or an abuse of process.
[Act 30 of 2020 wef 30/09/2020]
(3)  Unless the Registrar rejects an application under subsection (2B), the Registrar must appoint an assessor to determine the application and must serve a notice of the appointment on the applicant and on all the parties mentioned in subsection (2).
[Act 30 of 2020 wef 30/09/2020]
[Act 29 of 2020 wef 30/09/2020]