Is An Adjudicator's Finding That A Payment Claim Was Validly Served A Determination On The Merits?

In Emergent Engineering Pte Ltd v China Construction Realty Co Pte Ltd [2022] SGHC 276, Justice Tan Siong Thye dismissed the Respondent's application to set aside the Adjudication Determination and the consequent Order of Court which enforced the Adjudication Determination. Among others, Tan J held that the Adjudicator's finding that the payment claim in question was validly served was a determination on the merits which the Court was not entitled to review.

Facts. Emergent Engineering Pte Ltd v China Construction Realty Co Pte Ltd [2022] SGHC 276 ("Emergent Engineering") arose from an Adjudication Determination rendered in Adjudication Application No. SOP/AA 093 of 2022 ("AA 93") (at [1] Emergent Engineering).