Huey Hien is an Associate Director at LVM Law Chambers. Huey Hien has a niche practice, co-leading the Firm’s China and Asia practice which serves clients mostly in the South East Asia Pacific region.
Huey Hien has most recently been recognized as a Rising Star in Singapore, by Asian Legal Business (ALB), which showcases next generation lawyers under 40 years who have demonstrated great potential in the industry, while earning wide acclaim from their clients and peers. Prior to this, she was a finalist for Rising Star (Litigation) for the Women in Business Law Awards 2022 (APAC).
She has undertaken and acted in a wide range of cases featuring international commodities trading, cross-border infrastructure and construction projects, international telecommunications projects, fraud investigations and cross-border shareholder disputes. She has substantial experience in cross-border dispute resolution, in domestic and international court proceedings, including that in the Singapore International Commercial Court (SICC), the High Court of Singapore, the Appellate Division of the High Court and the Court of Appeal of Singapore. She has acted for clients in several arbitrations under the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), and ad hoc arbitrations. She also regularly advises clients on mediation, negotiation, risk management and advisory strategy.
Notable cases of recent vintage are, a matter with the Singapore International Commercial Courts (“SICC”), involving a well-known China state-level entity in a contractual dispute with various Pakistani and China entities and individuals which engages issues of conspiracy, conflicts of law, and other aspects of corporate governance and fraud investigations. She is also one of the co-lead counsels involving another well-known China state level entity in a high-profile suit to recover loans advanced of around US$40 million which also engages issues of corporate governance and allegations of fictitious transactions.
Prior to coming to the firm, Huey Hien trained and worked with eminent Senior Counsel in an international firm during the formative years of her career.
Huey Hien also advised the Singapore Management University’s Yong Pung How School of Law as a member on its Practice Advisory Committee. She is an adjunct lecturer at SMU. Huey Hien is one of the authors in the Singapore Civil Procedure 2022.
Case Highlights
International Commercial Litigation
- 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 which engages issues of contract, restitution, conspiracy, and conflicts of law, in the SICC.
- 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 in a high-profile land-banking scam scheme. There were investigations into whether the transactions were fictitious.
- 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.
- Acted for a Singapore S-Chip company listed on the Singapore Exchange in the fraud and/or fictitious transaction investigations, in respect of trade receivables amounting almost RMB660 million, and the prosecution of the directors and management for breaches of directors’ duties and other torts.
- Acted for a Singapore and China company in enforcing various charges of value of approximately US$15 million, which dealt with issues of relative priority of secured and unsecured creditors, and dealt with issues of corporate cross-border insolvency procedures.
- Acted for a China company in defending and enforcing a SIAC award in Singapore, which award dealt with commodities trading with a value of approximately US$3 million.
- Acted for a foreign individual in a dispute over the joint venture of an asset management and investment company for breaches of directors’ duty and/or the parties’ agreement, with claims for loss of profit, opportunity, apart from other damages.
- Acted for a Singapore company in the winding up of a prominent Singapore listed company for failure and neglect to pay rental arrears on the basis of a series of rental agreements, which dealt with issues of lack of bona fides and the going concern of the company to be in liquidation.
- Acted for a Singapore company in the enforcement of a term sheet for the sale and purchase of a venture capital funded company with significant assets in the technology sector in India, which value amounted to over US$60 million, in a multi-party suit which involved several Senior Counsel.
- Assisted in cross appeals to the Singapore Court of Appeal in an action concerning fees allegedly payable to certain errant fiduciaries for their mismanagement of over S$100 million in assets, which was concerned unjust enrichment, interest, and costs: [2016] 4 SLR 728.
- Assisted in the taking of account (including the trial) by certain errant fiduciaries who have mismanaged assets of over S$100 million which were vested in private equity funds and various direct investments: [2018] SGHC 130, [2018] SGHC 131.
- Assisted in acting for a partner in a joint venture partnership for breach of partnership concerning a multi-million dollar theme park project in China, under the auspices of the SICC: [2019] 4 SLR 254.
International Commercial Arbitration
- 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.
- Acted for a prominent Chinese multinational company in a complex international arbitration in SIAC, involving the fabrication and assembly of commercial automobiles in a large-scale infrastructure project in Thailand with around S$9 million in dispute. The matter 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 Thai company in relation to a dispute against a prominent Chinese multinational company over a large-scale energy project involving the manufacture, production and processing of solar components with dispute amount of approximately US$45 million.
- Acted for a US Company in a dispute concerning the purchase of a private hire aircraft in a contract governed by foreign laws with enforcement issues in a third jurisdiction, seated in Singapore.
- Acted for a China state owned entity in respect of its claims against an Indian company in an Indian infrastructural project for the construction of the mass rapid transit lines in India, in respect of an arbitration governed by the International Chamber of Commerce (ICC).
Private Wealth and Trust Disputes
- 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.
- Acted and advised a trustee and executor in a matter concerning a prominent individual in Singapore who was recently deceased, and the estate disputes arising from her will concerning lack of mental capacity and undue influence.
- Acted in a matter concerning several complex probate applications concerning a high net worth deceased, concerning several families and good class bungalows, and family business assets.
Risk Management and Advisory
- Advised a listed company in Japan in relation to a potential fictitious transaction entered into with a Singapore company, on the possible causes of actions which the company may pursue in Singapore to unwind the transaction or claim against the relevant third parties personally (such as conspiracy, misrepresentation, breach of fiduciary duties, dishonest assistance and knowing receipt).
- Advised and acted for a Singapore company in commodities trading in an upstream breach of contract in shipping of certain metal commodities between India, China and Korea, which led to issues of breaches of agreement downstream.
- Advised and acted for a notable local construction company in a dispute over the delay and prolongation and preliminaries claims in a historical building in Singapore, with dispute amounting to approximately S$10 million.
- Advised an international automobile and manufacturing entity on its intended foray into Singapore which involved queries on the Internet of Things and the legality of certain business strategies.
- Advised an international bank on the legality of intended financing of a multinational group of companies in relation to anti-money laundering regulations, as well as the enforceability of the ultimate security obtained.
Appointments
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
- Practice Advisory Committee, Singapore Management University, Yong Pung How School of Law
- SMU Adjunct Lecturer (2022)