Chan Kia Pheng

Chan Kia Pheng

Director
Advocate and Solicitor, Singapore

chankiapheng@lvmlawchambers.com 

Kia Pheng has practised litigation and dispute resolution for about 30 years. He appears as counsel in both trial work and at appellate hearings in the Supreme Court as well as in arbitration proceedings.  A number of his cases have been reported in the Singapore Law Reports.

Kia Pheng’s areas of practice include insolvency, civil, corporate and commercial litigation, shareholder disputes, property-related disputes and employment disputes.

For banking and insolvency matters, Kia Pheng acts for insolvency practitioners, banks and debtors as well. His insolvency practice includes representing parties in cases of recognition of foreign insolvency proceedings and matters relating to US Chapter 11 bankruptcy proceedings.

Case Highlights

  • Italmatic Tyre & Retreading Equipment (Asia) Pte Ltd v CIMB Bank Bhd (2021) – Acted for the respondent/plaintiff bank in a claim against a customer (the defendant) of the bank’s insolvent customer arising from invoices of the bank’s customer which were assigned to the bank.
  • Teo Chong Nghee Patrick and others v Han Cheng Fong and another (2014) – Acted for the defendants in a dispute arising from a joint venture formed to develop an eco-city project in China wherein allegations of conspiracy and breach of fiduciary duties were made against the defendants.
  • Car & Cars Pte Ltd v Volkswagen AG and another (2010) – Acted for the defendant Volkswagen entities against the former Singapore dealer for Volkswagen cars in resisting Singapore court proceedings brought against the Volkswagen entities in respect of agreements, one of which contained an arbitration agreement.
  • Neo Corp Pte Ltd [in liquidation] v NeoCorp Innovations Pte Ltd (2006) – Acted for a debtor in a landmark case where the court declared that a liquidator of the creditor company could not continue an action which was commenced by the judicial manager of the company at a time when the company was in judicial management before the onset of liquidation.
  • Ng Bok Eng Holdings Pte Ltd and another v Wong Ser Wan (2005) – Acted for a purchaser of property in an important decision on fraudulent conveyances under section 73B of the Conveyancing and Law of Property Act.
  • United Overseas Bank Ltd v Ng Huat Foundations Pte Ltd (2005) – Acted for a bank in resisting the debtor company’s application to stay the winding up proceedings commenced by the bank against it on the ground, inter alia, that the debtor company was in the process of appealing against a High Court order dismissing its application for a scheme of arrangement made under section 210 of the Companies Act.
  • National Skin Centre [Singapore] Pte Ltd v Eutech Cybernetics Pte Ltd (2001) – Acted for the plaintiff hospital in suing the defendant company which the hospital engaged to commission a computer system with customised software.
  • Re Tararone Investments Pte Ltd (2001) – Acted for a bank in a case where the court issued an important decision on the nature and scope of an “all monies” clause.
  • Low Peng Boon v Low Janie (1999) – Acted for the minority shareholder in a company who brought an oppression action against the majority shareholders under section 216 of the Companies Act. This case is notable for the Court of Appeal’s decision to order the company to be wound up despite the company being a solvent and profitable company.
  • Yeo Hung Khiang v Dickson Investment [Singapore] Pte Ltd (1999) – Acted for a party purchasing shares in a company pursuant to an order of court in respect of an oppression action under section 216 of the Companies Act wherein the central issue before the court was the correct method of valuation of the shares.

Appointments

  • Fellow, IPAS (Insolvency Practitioners Association of Singapore)
  • Member, INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals)
  • Member of the committee that was involved in drafting the proposed omnibus insolvency legislation in Singapore
  • Fellow, SIArb (Singapore Institute of Arbitrators)
  • Overseas Member, Chancery Bar Association
  • SMC (Singapore Mediation Centre) Accredited Mediator

Publications

  • Co-authored the Singapore chapter of “Restructuring & Insolvency” of the publication, Getting The Deal Through (by Law Business Research), 2011 volume
  • Co-authored the chapter on “Money & Restitution” in Bullen & Leake, Singapore Precedents of Pleadings (2016)

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Qabir Sandhu

Qabir Sandhu

Of Counsel
Advocate and Solicitor, Singapore

qabir@lvmlawchambers.com
+65 6206 7893

Qabir is an Of Counsel with LVM Law Chambers. His main areas of practice are commercial disputes, arbitration, private wealth disputes and appellate matters.

Since joining LVM Law Chambers at the end of 2017, Qabir has acted as lead and assisting counsel in a broad range of disputes before the High Court, Court of Appeal and various arbitral tribunals. Among these are leading cases such as Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd [2021] 2 SLR 782; [2020] SGHC 235, the first reported judgments interpreting the standard form contract imposed on property developers by the Sale of Commercial Properties Rules; and Charles Lim Teng Siang and another v Hong Choon Hau and another [2021] 2 SLR 153, which clarified the Singapore legal approach to “no oral modification” contractual clauses in light of differing schools of thought.

Before joining LVM Law Chambers, Qabir was part of the commercial disputes practice at one of Singapore’s largest law firms, where his team advised and acted for both individuals and corporate entities in a variety of complex, multi-jurisdictional commercial disputes before the Singapore courts and arbitral tribunals. These included a dispute concerning shares worth over US$1.5 billion in a European company with various infrastructure holdings in South-east Asia.

Qabir graduated magna cum laude from the Singapore Management University in 2015 and was admitted to the Singapore Bar in 2016, having trained under a leading Senior Counsel. As a student, Qabir represented his university in various local and international moot competitions. He was part of the teams that won the 2015 WTO-FTA moot in Seoul and the 2015 national round of the Philip C. Jessup moot, and has won multiple awards for Best Speaker. Qabir continues to be involved with his university’s moot programme, including coaching its 2016 and 2017 LawAsia international moot teams to consecutive wins.

Case Highlights

  • Acted for purchasers of two commercial units in a S$30,000,000 claim against a leading property developer for failing to deliver units in conformity with building plans. This dispute produced the first reported judgments interpreting the widely-used standard form contract imposed on property developers by the Sale of Commercial Properties Rules: Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd [2020] SGHC 235 and Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd [2021] 2 SLR 782.
  • Acted for two shareholders in a debt factoring company against their former business partner, in a US$12,000,000 dispute over whether buyout provisions in a shareholders’ agreement were correctly invoked.
  • Acted for the appellants in Charles Lim Teng Siang and another v Hong Choon Hau and another [2021] 2 SLR 153, a decision by a 5-judge Court of Appeal notable for clarifying the Singapore legal approach to “no oral modification” contractual clauses in light of differing schools of thought.
  • Acted for the Plaintiff in Lyu Jun v Wei Ho-Hung [2021] SGHC 268, a rare case in which the High Court found that the majority of some S$8,000,000 transferred in the course of an extra-marital relationship were not gifts, and that assets purchased with those monies were held on trust for the transferor.
  • Acted for a property developer against a purchaser of a luxury bungalow in Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 and Sandy Island Pte Ltd v Thio Keng Thay [2020] SGCA 86, a pair of decisions notable for clarifying the legal approach to interpreting defects liability clauses in contracts for the sale of property.
  • Acted for the Appellant in L Capital Jones Ltd and another v Maniach Pte Ltd [2017] 1 SLR 312, a decision by a 5-judge Court of Appeal reversing several previous Court of Appeal decisions on a key point of appellate civil procedure concerning the need for respondents to file cross-appeals.
  • Acted for the Claimants in an arbitral dispute concerning shares worth over US$1,500,000,000 in a European company with extensive infrastructure holdings in South-east Asia.
  • Acted for a Singapore company in a corporate investigation concerning various misdeeds by several high-level employees of the company, following that company’s acquisition by a leading global investment fund.

Appointments

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law

Publications

  • Singapore Civil Procedure 2020 (Sweet & Maxwell, 2019), Chapter 59, “Costs” (co-author)
  • Singapore Civil Procedure 2021 (Sweet & Maxwell, 2021), Chapter 59, “Costs” (co-author)

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Ooi Huey Hien

Ooi Huey Hien

Associate Director
Advocate and Solicitor, Singapore

ooihueyhien@lvmlawchambers.com

Huey Hien has 9 years’ of extensive experience in complex international litigation and international arbitration.

She has a niche practice in LVM Law Chambers LLC’s China Practice Group, having represented various state-owned entities and private international companies in both Singapore’s domestic Courts and in both domestic and international arbitration under the auspices of the Singapore International Arbitration Centre (SIAC), the International Chamber of Commerce (ICC), and other notable arbitration institutions. She has specialist experience in handling disputes that are adjudicated under the Singapore International Commercial Court (SICC). She also has experience in mediation under the auspices of the Singapore Mediation Centre (SMC), Singapore International Mediation Institute (SIMI), and ad hoc mediations.

Huey Hien’s dispute areas span a wide variety of commercial interests, including oil and gas, telecommunications, transport, and cross-border contractual and tortious disputes, and includes commercial disputes that were borne out of the Belt and Road Initiative.

Part of Huey Hien’s key practice areas also involves Fraud and Commercial Investigations. She has acted for clients in cross-border professional negligence dispute resolution, including accounting, and other professional lapses that has spanned various key jurisdictions such as Singapore, Dubai, Brazil, United Kingdom, China, Hong Kong, and others.

Huey Hien also acts in medical negligence matters as part of her portfolio of professional negligence.

Since she was called to the bar in 2013, Huey Hien has worked with a variety of well-established practitioners, including various Senior Counsel, and has therefore developed an especial focus and niche in complex disputes resolution. Huey Hien believes in being commercially minded and strives to present her clients with solutions. She also does not shy away from advancing novel arguments in suitable cases. She is also well-versed in handling matters which require attention to detail and which involve technical aspects, such as in telecommunications dispute resolution.

Ultimately, she envisions working hand in hand with her clients to achieve their aims.

Case Highlights

International Arbitration

  • Acted for a multinational company in a complex international arbitration involving the fabrication and assembly of commercial vehicles concerning Thai Law, that spanned 3 concurrent arbitration proceedings at the SIAC with issues of interpretation of contractual provision, tax exemption issues arising from the operation of industrial free trade zones, and potential criminal proceedings arising from the disputes.
  • Acted for a major Chinese telecommunication company in a complex intellectual property dispute over the payment of license fees. The dispute involved novel aspects of EU, French, PRC, UK anti-competition laws and a qualitative and quantitative analysis by an actuarial scientist on the quantification of damage recoverable and included arguments on doctrine of illegality under the laws of various jurisdictions and issues relating to the restitutionary remedy for unjust enrichment.
  • Acted for a multinational telecommunications company in a complex and highly technical international arbitration concerning license fees and royalty payments in respect of video conferencing devices over a decade long period.

Domestic Dispute Resolution

  • Acted for a China state-owned entity to defend against a claim for management fees in respect of an agreement that was fraudulently entered into as part of a scheme of kickbacks to the wrongdoers.
  • Acted for a company which was part of a global group of companies having substantial presence in China and in Australia, in respect of a corporate guarantee worth tens of millions of dollars.
  • Acted for a law practice in a claim relating to payments made by the law firm out of amounts held under various escrow accounts. The payments were held in respect of certain housing developments in a foreign country. The matter is pending trial in the High Court.
  • Acted for a foreign client in an action commenced by an integrated resort in Singapore for gambling losses suffered.
  • Acted for a business owner in defending a suit in unjust enrichment for certain investment monies that were argued to be repaid for total failure of consideration.
  • Assisted in acting for a local major telecommunications company in a regulatory dispute with a state-linked entity in Singapore which involved an appeal to the Minister.
  • Acted for an international accounting company in defending a multi-party suit in fraud and misrepresentation, in respect of certain accounts it had approved for use in Brazil.
  • Assisted in a trial, and in cross-appeals to the Singapore Court of Appeal, in an action concerning fees allegedly payable to certain errant fiduciaries and their mismanagement of over S$100 million in assets.
  • Assisted in acting for a partner in a joint venture partnership for breach of partnership concerning a multi-million dollar project in China.
  • Advised and acted for various insurers in defending a claim on a commercial insurance contract whereby payment of USD 3 million was sought under an insurance policy which was meant to insure against failure to pay and deliver goods by the commercial counterparty.

Appointments

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law
  • SMU Practice Advisory Board (2021-2022)

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Lok Vi Ming, S.C.

Lok Vi Ming, S.C.

Managing Director
Advocate and Solicitor, Singapore

lokviming@lvmlawchambers.com
+65 6206 7880

Vi Ming is a seasoned and well known Senior Counsel with more than three decades of advocacy experience, having led countless cases at all levels of the Singapore Courts and before both local and international arbitration tribunals in institutions all around the world.

Prior to forming LVM Law Chambers, Vi Ming practiced in Rodyk & Davidson for 30 years, rising to the position of Senior Partner and garnering generous accolades of the effectiveness and incisiveness of his advocacy skills as a litigation lawyer. He was elected to the post of President of the Law Society of Singapore in 2013 and 2014, and also served as a former Vice President of the Singapore Academy of Law. He is regularly named in international publications such as the International Who’s Who of Aviation Lawyers and Chambers as a leading practitioner.

Mr Philip Bass, a noted international aviation insurance lawyer and a partner of Clyde & Co, who has worked with Vi Ming on various matters both before the High Court and the Court of Appeal has said this of Vi Ming: “Having known Vi Ming for over 20 years, he remains my ‘go to lawyer’ for the complex, multi jurisdictional cases where you need technical ability and an advocate who is ‘good on his feet’ in Court. He also happens to be very nice to work with.”

Mr Lim Chee Wee, a partner at Skrine, Kuala Lumpur and a former President of the Malaysian Bar Council had this to say – “I have had the privilege of working with and instructing Vi Ming on a number of briefs. Vi Ming is user friendly, always thinking of the best and most effective solution and strategy for the client, whether in or out of the court room, a highly effective cross examiner with a style so disarming, witnesses don’t realize they have conceded their own case. Vi Ming is reliable and highly ethical. A formidable advocate one would always want in one’s corner.”

Vi Ming is both a highly sought-after arbitration counsel and as well as an arbitrator. He is also a highly regarded insurance litigator, and continues to serve as Chairman of the Professional Indemnity Committee of the Law Society of Singapore.

He has acted and advised clients in complicated transactions for the supply of telecommunication equipment, service and infrastructure; various cross-border commercial and shareholder disputes; disputes relating to the development of land; and international TV and media broadcasting rights disputes.

Vi Ming pioneered what has been widely recognised as the leading contentious aviation practice. He is well known for having led the defence teams for Singapore Airlines in the SQ006 incident and for SilkAir in the MI185 incident. To date, Vi Ming continues to be consulted and instructed on many aviation and airline related claims, and he remains the counsel of choice for many insurers and insurance consultants for conduct of such claims.

Vi Ming is known for having led defence teams in high-profile cases such as the Slim 10 case, a landmark product liability decision in Singapore.

Case Highlights

  • Represented a contact lens manufacturer in a successful action against former senior employees for theft of trade secrets in a trial lasting over 40 days, resulting in a landmark judgment covering many complex issues relating to obligations owed in relation to trade secrets, confidential information and the role of equitable remedies (Clearlab SG Pte Ltd v Ting Chong Chai and ors [2015] SGHC 267).
  • Argued before the Singapore Court of Appeal in a case involving a high-value family trust, constructive trusts claims and the issue of the presumption of advancement (see Tan Chin Hoon and others v Tan Choo Suan (in her personal capacity and as executrix of the estate of Tan Kiam Toen, deceased) and others and other matter [2016] 1 SLR 1150).
  • Led the defence team of Thomson Medical in the determination of important issues relating to damages claimable in an assisted reproductive procedure (see ACB v Thomson Medical Pte Ltd and others [2015] 2 SLR 218)
  • Acted for Singapore Tourism Board in its claim against overseas defendants for fraudulent actions against the government; successfully persuading the Court to pierce the corporate veil (see Singapore Tourism Board v Children’s Media Ltd and others [2010] SGHC 334)
  • Led the team acting for the insurers of the Singapore Flyer after its high-profile stoppage one Christmas Eve
  • Acted in numerous other reported cases including but not limited to construction disputes (see Newcon Builders Pte Ltd v Sino New Steel Pte Ltd [2015] SGHC 226); shareholders’ disputes (Lim Swee Khiang and another v Borden Co (Pte) Ltd and others [2006] 4 SLR(R) 745), and judicial review (Yip Man Hing Kevin v Gleneagles Hospital [2014] 2 SLR 515).

Appointments

  • Panel Arbitrator, Singapore International Arbitration Centre, Kuala Lumpur International Arbitration Centre, Korean Commercial Arbitration Board, China International Economic and Trade Arbitration Commission, Shanghai International Economic and Trade Arbitration Commission, Shenzhen Court of International Arbitration
  • Principal Mediator, Singapore Mediation Centre
  • Chairman, Law Society’s Professional Indemnity Committee
  • Chairman of the Temasek Junior College Advisory Committee
  • Member, Board of Trustees of UniSIM
  • Vice Chairman, Bethesda Care and Counseling Services Centre (an Institute of Public Character)
  • Aldo Chairman, Bethesda Bedok-Tampines Church
  • Director, Singapore International Mediation Centre
  • Director, Mapletree North Asia Commercial Trust
  • Fellow, Singapore Academy of Law
  • Fellow, Singapore Institute of Arbitrators
  • Chairman, Nominating and Remuneration Committee of Mapletree North Asia Commercial Trust

Accolades

Vi Ming Lok
Vi Ming has been ranked by Chambers & Partners – 2022
The Legal 500 - The Clients Guide to Law Firms
Vi Ming has been recognised as a Leading Individual by Legal 500 – 2022

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Justin Chan

Justin Chan

Associate Director
Advocate and Solicitor, Singapore

justinchan@lvmlawchambers.com

Justin CHAN is an Associate Director at LVM Law Chambers LLC.

Justin has an active court and international arbitration practice, covering a wide range of complex, high-value, and multi-jurisdictional disputes. His matters include representing clients in contentious matters involving contractual claims, shareholders, directors’ duties, probate-related, and employment disputes. Over the course of his career, Justin has also worked closely with insolvency practitioners from established accounting firms.

Justin has a keen interest and specialises in advising both domestic and foreign clients on the intricacies of jurisdictional challenges and enforcement of foreign judgments in Singapore.

Outside of practice, Justin is a regular tutor in the preparatory course for the Singapore Bar Examinations run by the Singapore Institute of Legal Education, where he teaches modules on insolvency and ethics. He was also previously an adjunct faculty member of the School of Law of the Singapore Management University (2013-2017). In 2016, Justin was appointed as amicus curiae under the Supreme Court’s Young Amicus Curiae scheme. His involvement and efforts were recognised in the reported decision in Cher Ting Ting v PP [2017] 3 SLR 1009.

Justin has also contributed to a number of local leading publications, including the Singapore Civil Procedure and the Singapore Academy of Law Journal.

Justin graduated from the Singapore Management University and was called to the Singapore Bar in 2013. In 2018, Justin obtained his LL.M. from the University College London, scoring Distinctions in Insurance Law, The Law of Unjust Enrichment and International Commercial Litigation.

Case Highlights

  • Advising and acting for the judicial managers of a Singapore company in on-going proceedings against a former director for breaches of his director’s duties, for the sum of US$150m constituting the loss caused to company due to his breaches. The judicial managers claim that the director had failed to prevent significant drawdowns on banking facilities, pursuant to which monies were disbursed on the strength of what were in fact non-existent transactions.
  • Advised and acted for a multi-national company in arbitration proceedings (conducted under the auspices of the Japan Commercial Arbitration Association) over a distribution agreement relating to a novel coronary stent to be marked and sold in Japan.
  • Advised and acted for a main contractor in a series of claims under the Building and Construction Industry Security of Payment Act brought by a sub-contractor in the aggregate sum of S$12.5million, which included a successful objection against the late adduction of documents which led to the sub-contractor withdrawing its claims of up to $11million.
  • Advised and acted in a matter concerning the validity of a will contested on the basis that the testator lacked the requisite testamentary capacity to execute the will in question, specifically that the testator was burdened by the existence of prior overvalued ideas/delusions at the material time.
  • Advised and acted in a matter concerning the validity of a deed of family arrangement, which pertained to a draft will prepared for the patriarch of the family but which was never signed. The matter eventually proceeded to be considered before the Court of Appeal.
  • Advised and acted for a former co-founder of a Catalist-listed company in the conduct of an appeal before the Singapore Court of Appeal in respect of the lower court’s decision that the co-founder had breached his fiduciary duties and was involved in a conspiracy to injure the company in respect of a $20million facility that was entered into by the company. The appeal concerned the novel issue as to whether the doctrine of novus actus interveniens could operate to limit the extent of a wrongdoing director’s liability.
  • Acted for a director in respect of disputes concerning the affairs of a family-run Singapore company. The disputes spawned proceedings before the High Court which raises the issue as to whether a director could seek to remove a co-director by a formal request to resign in a 2-director scenario. Another novel issue that arose was whether a beneficiary of shares (of the company) could invoke what is known as the Wong Moy exception to seek relief and to commence a section 216A derivative action against a wrongdoing director.
  • Advising and acting in an ongoing-matter seeking a stay of Singapore proceedings in favour of arbitration. The matter involved questions as to the extent that a claim in conspiracy, which itself based on several pre-contractual misrepresentations, could be said to fall within the scope of the contractually agreed reference to arbitration.
  • Advised one of the leading companies in the aviation industry in Singapore in negotiations pertaining to agreements for the provision of, inter alia, security, ground-handling and inflight catering services to an established airline company.
  • Advised and assisted in the rendering on several expert advices on a wide range of matters of Singapore law. Such work included advices on patent infringement (for the purposes of US International Trade proceedings), the recognition and enforceability of Singapore judgments / arbitral awards overseas, and merits of prospective/on-going actions or appeals.
  • Advised and acted for several MCSTs on a diverse range of issues relating to the management of their respective strata-titled developments.

Appointments

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law
  • Young Amicus Curiae (2016)
  • Adjunct Faculty, School of Law, Singapore Management University (2013-2017)
  • Facilitator, Preparatory Course leading to Part B of the Singapore Bar Examinations (2013-present)

Publications

  • Problems in the Recognition and Enforcement of US Class Action Judgments in Singapore” (2013) 25 SAcLJ 51
  • Conflict of Laws Issues: The Republic of the Philippines v Maler Foundation [2013] SGCA 66” Singapore Law Blog (25 May 2014)
  • Clarity in Effecting Service Outside of Jurisdiction: Humpuss Sea Transport Pte Ltd v PT Humpuss Intermoda Transportasi TBK [2015] SGHC 144” Singapore Law Blog (18 June 2015)

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Ge Huangbin

Ge Huangbin

Director
Arbitrator and Mediator

gehuangbin@lvmlawchambers.com
+65 6206 7882

Huangbin has a deep understanding of the theory and practice of international arbitration under both civil and common law. He has conducted international arbitration cases as a sole arbitrator, presiding arbitrator and co-arbitrator, and as counsel or advisor. He is a trusted expert in Singapore-related and China-related disputes for international clients.

Huangbin’s experience in international dispute resolutions covers numerous jurisdictions including but not limited Singapore, China (Mainland and Hong Kong SAR, Macao SAR and Taiwan), Switzerland, Sweden, Germany, UK, USA, Israel, Australia, Japan, Vietnam, India, Pakistan, Iran, Thailand, Cambodia, Laos, Philippines, Brunei, Fiji, Indonesia, Tajikistan, Mongolia, Kenya, Ethiopia, and Mauritius.

He has been involved in disputes relating to the following industries: intellectual property, energy, automobile, aviation, construction, technology, environment, maritime, and finance.

Huangbin is a leading pioneer in China-related international arbitration and mediation sectors, having served as the first Head of the Singapore International Arbitration Centre (SIAC) China Desk for 8 years, a member of the Singapore Academy of Law China Working Committee, and a Standing Council Member of the China Academy of Arbitration Law (CAAL). Huangbin is a trainer, a coach, and an assessor of the Singapore Mediation Centre (SMC), and a member of the Expert Committee of the Dispute Resolution Research Centre under Peking University Law School.

Case Highlights

International Aviation Arbitration

  • Co-arbitrator in an SIAC aviation arbitration regarding aviation contracts valued at nearly US$200 million seated in Singapore and governed by Singapore law.
  • Advisor in an ICC arbitration relating to flight simulator technology valued at over US$10 million seated in Singapore and governed by Singapore law.

Intellectual property disputes

  • Presiding arbitrator in an SHIAC arbitration relating to tolling contract, international patent licensing and technology support agreements, a confidentiality agreement, and a proprietary technology equipment leasing agreement where the amount in dispute is over RMB 10 million, seated in Shanghai and governed by Chinese law.
  • Counsel in an SIAC arbitration over US$200 million relating to telecommunication global agreements on licensing Standard Essential Patents (SEP) & FRAND, seated in Singapore and governed by Singapore law.

Construction and Engineering Arbitration

  • Presiding arbitrator in a RMB 20 million dispute over major building project disputes according to the Arbitration Rules of Guangzhou Arbitration Commission, seated in Guangzhou and governed by Chinese law.
  • Counsel in an SIAC arbitration regarding a S$10 million dispute over the Mass Rapid Transit (MRT) project seated in Singapore and governed by Singapore law.

International Trade

  • Co-arbitrator in an SIAC arbitration regarding coal trading seated in Singapore and governed by Singapore law.
  • Counsel in an SIAC arbitration arising out of the iron ores trade seated in Singapore and governed by Singapore law.

FinTech Arbitration

  • Sole arbitrator in disputes arising out of internet financing agreements according to the Online Arbitration Rules of Guangzhou Arbitration Commission, seated in Guangzhou and governed by Chinese law.
  • Sole arbitrator in disputes arising out of factoring contracts involved services agreements, assignment and or novation agreements according to the Online Arbitration Rules of Guangzhou Arbitration Commission, seated in Guangzhou and governed by Chinese law.
  • Sole arbitrator in disputes arising out of bank loan agreements according to the Online Arbitration Rules of Guangzhou Arbitration Commission, seated in Guangzhou and governed by Chinese law.

Corporation Disputes

  • Presiding arbitrator in dispute relating to international cooperation agreement and confidentiality agreement according to SCIA Rules, seated in Shenzhen and governed by Chinese law.
  • Co-arbitrator in dispute relating to share purchase under contracts valued at RMB 20 million according to SCIA rules, seated in Shenzhen and governed by Chinese law.
  • Counsel in dispute relating to cooperation project in Africa according to ICC Rules, seated in London and governed by English law.

International Technology Transfer Dispute

  • Counsel in arbitration relating to ITU SEP licensing agreement and assignment agreements according to ICC Rules, seated in Singapore and governed by Singapore law.
  • Advisor in arbitration relating to green energy technology licensing agreement, standard design contract and equipment purchase contract according to SIAC Rules, seated in Singapore and governed by Singapore law.

International Energy Disputes

  • Co-arbitrator in dispute arising out of wind power project contract under CIETAC rules, seated in Beijing and governed by Chinese law.
  • Co-arbitrator in dispute arising out of power transmission and transformation EPC project in Loas, seated in Changsha, China and governed by Chinese law.

International Manufacturing Engineering Disputes

  • Presiding arbitrator in dispute arising out of an Artificial Intelligence (AI) equipment system purchase contract under SCIA Rules seated in Shenzhen, China and governed by Chinese law.
  • Counsel in the consolidation arbitrations arising out of automobile manufacturing contract, body welding and painting contract, and automobile assembly contract under SIAC rules, seated in Singapore and governed by Thai law.

Appointments

  • Appointed and or listed Panel Arbitrator under the Singapore International Arbitration Centre (SIAC), China International Economic and Trade Arbitration Commission (CIETAC), China Maritime Arbitration Commission (CMAC), Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, SHIAC), Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission, SCIA), Guangzhou Arbitration Commission, Thailand Arbitration Center, Kyrgyzstan Bishkek International Court of Arbitration for Mining and Commerce, etc.
  • Accredited Mediator under the Singapore Mediation Centre (SMC), China Council for the Promotion of International Trade / China Chamber of International Commerce (CCPIT/CCOIC) Mediation Center, China International Economic and Trade Arbitration Commission (CIETAC) Mediation Center, etc.

Publications

  • Author, “Whether the Guarantor Is Bound by The Arbitration Agreement Between Creditor and Debtor” in Civil and Commercial Law Practice Manual (Page 622 to page 635, 2nd Edition, 2021), NPC Publishing House, Beijing.
  • Speaker, How to Deal with Hints of Bribery and Money Laundering, Anti-Corruption and Rule of Law Committee, Dispute Resolution & Arbitration Committee Session, The Inter-Pacific Bar Association (IPBA) Virtual Conference, 18 June 2021, Online, Tokyo.
  • Co-author, “Practice and Jurisprudence on Whether the Guarantor Is Bound by The Arbitration Agreement Between Creditor and Debtor” in Arbitration and Law (2020), Law Press China, Beijing.
  • Co-author, “Investment and Financing in Singapore” in Legal Research for China Enterprises (Page 23 to Page 174, China Financial Publishing House, 2019), Beijing.
  • Author, “Double-edged sword – Singapore Convention on Mediation” in Legal Daily (Page 10, 19 February 2019), Beijing.
  • Co-author, Rule of Law in the Countries of B&R: Singapore (Page 121 to page 585, 2018), Law Press China, Beijing.
  • Co-author, International Commercial Law in the Countries of B&R: Singapore, Xinhua Publishing House (2018), Beijing.
  • Co-author, “Analysis and Recommendations – Recognition and Enforcement of Singapore Judgement by Nanjing Court” in Legal Daily (Page 8, 11 August 2017), Beijing.
  • Co-author, “SICC Operations and Development” in Legal Daily (Page 8, 11 August 2017), Beijing.
  • Author, “Strategic Thinking of International Arbitration in B&R (II)” in In-House Counsel (Issue 1, 2016), Intellectual Property Publishing House, Beijing.
  • Author, “Strategic Thinking of International Arbitration in B&R” in China Law Journal (Issue 6, 2015), Hong Kong.
  • Author, Dispute Resolution in Singapore (Chinese version), Singapore Academy of Law,2015.
  • Author, Essence of Civil and Commercial Law Practice (Page 127 to page 159), Peking University Press (2015), Beijing.
  • Co-author, “Singapore Resolves ‘Last Mile’ in Application Of Chinese Arbitration Rules” in China Business Law Journal (Vol 5, Issue 9, 2014), Hong Kong.
  • Co-author, “Conversations on International Arbitration in Singapore” in Commercial Arbitration (Issue 10, 2014), Law Press China, Beijing.
  • Speaker, ADR in Asia – From the Perspectives of Singapore and China, Maxwell Chambers, 12 December 2014, Singapore.
  • Speaker, The New Development of Enforcement of Singapore Arbitral Awards in China, In-House Congress Jakarta 2013, 10 April 2013, Jakarta.
  • Author, “The Reality and Challenges of the Emergency Arbitrator Procedure – from Singapore Perspective” in Shipping and Finance Law Review (Page 101 to page 109), Shanghai Pujiang Education Press (2012), Shanghai.
  • Speaker, Obstacles to Enforcement of Arbitral Awards in China, In-House Congress Jakarta 2012, 27 June 2012, Jakarta.
  • Author, The Arbitration Rules and Manual of The Singapore International Arbitration Centre Arbitration (4th Edition, 2010, Chinese Version), Singapore.
  • Author, “Study on Whether the Guarantor Is Bound by The Arbitration Agreement Between Creditor and Debtor” in Practice Guide for Contract Law Professional (Issue 4), China Legal Publishing House (2010), Beijing.
  • Speaker, Dispute Resolution in China-related Business, Seminar on Singapore’s FTA with China, 26 March 2010, Singapore.
  • Speaker, Med-Arb in Singapore, 2009 Taipei International Conference on Arbitration and Mediation, 16-17 October 2009, Taipei.
  • Author, The Arbitration Rules and Manual of The Singapore International Arbitration Centre Arbitration (the first semi-official Chinese version of International Arbitration Act, 2008), Singapore.
  • Speaker, Arbitration Development in China, ALB Seminar on Effective Dispute Resolution in China, 28 June 2008, Singapore.
  • Author, “The Written Form Meaning in International Commercial Arbitration Agreement” in Selected Papers for China Civil and Commercial Law Forum 2005, Beijing.

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Joseph Lee

Joseph Lee

Joint Managing Director
Advocate and Solicitor, Singapore

josephlee@lvmlawchambers.com
+65 6206 7881

Joseph is the Joint Managing Director of LVM Law Chambers. He is one of the leading disputes resolution lawyers of his generation and has been recognised by the Legal 500 as a Next Generation Partner for dispute resolution in 2021. Clients describe him as a “very astute and sharp litigator who looks at issues thoroughly and is quick at strategizing and finding solutions to protect his clients’ interests”.

Joseph has a broad range of advocacy experience and has appeared as lead counsel in the highest levels of the Singapore courts in cases which have shaped Singapore law in commercially significant ways. These cases include LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648, a leading case in the interpretation of the Building and Construction Industry Security of Payment Act, and Clearlab SG Pte Ltd v Ma Zhi and another [2014] SGHC 221, a key case on equitable compensation and trade secrets. He also has an active arbitration practice with disputes amounting to hundreds of millions of dollars and is extremely familiar with arbitration across various jurisdictions involving different arbitration rules.

Besides the courts and arbitral tribunals, Joseph also regularly appears before quasi-judicial tribunals such as the Strata Titles Board, the Appeals Board for Land Acquisitions and the Income Tax Board of Review.

While Joseph’s practice covers a multitude of sectors, he has developed particular expertise in the fields of property, construction, oil and gas, commodities, international trade, banking, and governmental institutions. In particular, Joseph has a ‘strong following among clients in China and Hong Kong’ (2021 Legal 500) given his excellent grasp of Mandarin and a keen understanding of Chinese business culture. He regularly acts for numerous state-owned enterprises and blue-chip companies listed in China and Hong Kong.

Outside of the law, Joseph has served as an independent director with a public listed company and on the Disciplinary Panel of the Council for Estate Agencies as well as the Singapore Dental Association.

Case Highlights

Construction

  • Acting for an insurer in arbitration proceedings concerning a flyover collapse which led to a construction worker’s death.
  • Acted for the developer of luxury waterfront villas in a claim for over S$1.8 million in damages for defects affecting a bungalow worth S$14.32 million; a notable decision concerning the survival of a common law right to claim damages for defects. Sandy Island Pte Ltd v Thio Keng Thay [2020] 2 SLR 1089.
  • Acted for the main contractor of a condominium project against the developer for wrongful termination and call on performance bond for the full sum of the contract – a decision notable for the principles relating to the use of Calderbank letters. CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81
  • Acted for the main contractor of a commercial building development against a subcontractor in challenging an adjudication application under the Building and Construction Industry Security of Payment Act. Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd [2019] SGHC 139
  • Acted for the builder of an industrial building development in a dispute with its sub-contractor over wrongful termination and liquidated damages. CAA Technologies Pte Ltd v Newcon Builders Pte Ltd [2016] SGHC 246
  • Acted for a main contractor in a setting aside application relating to the Security of Payment Act – a decision notable for the Court’s interpretation of the provisions of the Act. LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648
  • Acted for two doctors against a S$30 million claim for breach of contract of a share purchase agreement and for fraudulent misrepresentation. Wang Xiaopu v Goh Seng Heng and another [2019] SGHC 284

Insurance

  • Acted for an insurance company against an insured car rental business in a claim for S$500,000; a decision notable for the principles surrounding contractual interpretation. MS First Capital Insurance Ltd v Smart Automobile Pte Ltd [2020] SGHC 256

Property and Real Estate

  • Acted for the purchaser of two units of a commercial building development against the developer to exercise a contractual right to terminate the contract and secure a refund; a decision notable for the Court’s interpretation of Section 49 of the 2002 Arbitration Act. Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd and another matter [2021] 2 SLR 782
  • Acted for the General Manager of a Country Club against the President of the club against an action in conspiracy to injury by defamation and negligence. Terrence Fernandez v Lim Shao Ying Genevieve and another [2020] SGHC 278
  • Acted for a MCST in a claim for encroachment against the commercial units; a decision notable for its affirmation of the MCST’s authority to govern and considerations for the grant of an injunction to enforce by-laws. The Management Corporation Strata Title Plan No. 3405 v Raffles Place Bistro Pte Ltd [2016] SGDC 247

Employment

  • Acted for a contact lens manufacturer in a claim against ex-employees for breach of confidentiality and theft of trade secrets – a decision notable for the principles relating to equitable compensation and trade secrets. Clearlab SG Pte Ltd v Ting Chong Chai and others [2014] SGHC 221; Clearlab SG Pte Ltd v Ma Zhi and another [2016] SGCA 31

Trusts

  • Acted for the Singapore Tourism Board in a claim for the return of sponsorship funds extended to concert organisers – a landmark decision concerning principles governing the piercing of the corporate veil and Quistclose trusts. Singapore Tourism Board v Children’s Media Ltd and others [2010] SGHC 334

Restructuring and Insolvency

  • Acted for the directors in a claim for breach of director’s duties in the context of a restructuring. Parakou Investment Holdings Pte Ltd and another v Parakou Shipping Pte Ltd (in liquidation) and other appeals [2018] SGCA 3

Wills and Probate

  • Acted for the beneficiary of a testamentary estate worth over S$ 10million in a claim for revocation of the grant of probate; a decision notable for the principles relating to testamentary capacity and undue influence. UWF and another v UWH and another [2021] 4 SLR 314

Private Equity and Investments

  • Acted for a co-founder and substantial shareholder of a Singapore-incorporated company listed on the SGX’s Catalist board against the company and its parent company in a claim for S$4.5 million; a decision notable for the principles surrounding unlawful means conspiracy, and joint and several liability. Crest Capital Asia Pte Ltd and others v OUE Lippo Healthcare Ltd (formerly known as International Healthway Corp Ltd) and another and other appeals [2021] 1 SLR 1337
  • Acted against the four organizers of a Ponzi scheme; a decision notable for the applicable principles surrounding whether a lawyer or law firm should be restrained from acting for a plaintiff against the same counterparty in a previous set of proceedings resolved by means of a settlement or mediation. LVM Law Chambers LLC v Wan Hoe Keet and another and another matter [2020] 1 SLR 1083
  • Acted for a doctor against a Seychelles-incorporated investment vehicle and its director-shareholder in a claim surrounding the sale of over $14 million worth of shares – a landmark decision affirming the purpose of pleadings as ensuring that each party is aware of the respective arguments against them and that no party is taken by surprise. Liberty Sky Investments Ltd v Aesthetic Medical Partners Pte Ltd and other appeals and another matter [2020] 1 SLR 606
  • Acted for a Hong Kong investor in a claim for S$7.4 million against four organizers of an investment scheme, and sought a Mareva order to freeze S$ 13.1 million of their assets. Chan Pik Sun v Wan Hoe Keet and others [2020] SGHC 137

Appointments

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law
  • Disciplinary Panel, Council for Estate Agents


Accolades

  • 40 most influential lawyers in Singapore Aged 40 and Under by the Singapore Business Review in 2015.
  • Next Generation Partner for Dispute Resolution by Legal 500 – 2021.
  • Next Generation Partner by Legal 500 – 2022.
The Legal 500 - The Clients Guide to Law Firms


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