TAN Kah Wai was admitted to the Singapore Bar in 2020. He graduated with a Bachelor of Laws (First Class Honours) from the National University of Singapore (NUS) and a Master of Laws (International Business Law) from King’s College London. As one of the top students in his cohort at NUS, he was placed on the Overall Dean’s List and received 12 academic prizes and scholarships, including the M Karthigesu Memorial Gold Medal and Prize for Shipping Law and the Maritime Law Association of Singapore Prize for Carriage of Goods by Sea.
Kah Wai is developing a broad commercial practice with a core focus on international trade and shipping disputes. He regularly acts for commodity traders and cargo insurers in court as well as international arbitrations governed by the SIAC and SCMA Rules. He is part of a team of instructed counsel representing a state-owned Chinese oil trader in five ongoing major interpleader actions before the Singapore High Court that arose out of the USD 3.5 billion collapse of Hin Leong Trading (Pte) Ltd.
Separately, Kah Wai possesses specialist expertise in mental capacity and private wealth disputes. Kah Wai has also contributed multiple academic articles on Singapore’s mental capacity law, which are often cited in medico-legal journals including the Medical Law Review. He has served as a member of the Law Society of Singapore’s Probate Practice Committee since 2021.
Kah Wai also has significant experience in other areas of litigation such as insolvency, intellectual property, trusts, white-collar crime and shareholder disputes. Prior to joining the Firm, he was in one of Singapore’s leading insolvency practices where he acted for the liquidators of the Envy Companies in pursuing clawback actions arising out of a USD 1.1 billion nickel trading scheme, which is Singapore’s first Ponzi scheme to reach the billion-dollar mark.
Kah Wai has also been emplaced on the Supreme Court’s Young Independent Counsel Scheme 2024 which presents aspiring young advocates with opportunities to assist the Singapore courts in cases involving novel or cutting-edge issues of law.
Kah Wai regularly publishes articles in local and international academic journals, one of which was cited in Palmer’s Company Law which is the authoritative looseleaf commentary on English Company Law. Kah Wai has also been a contributing editor of the Singapore Civil Procedure (commonly known as the White Book) since 2024.
As a recipient of the Prime Minister’s Book Prize, Kah Wai has a strong command of the Chinese language. Outside of his legal practice, he is an award-winning Chinese short story writer whose works are featured in local and international magazines. He recently published his debut short story collection with a publication grant from the Singapore National Arts Council.
Case Highlights
Shipping and Commodities
- Acting as instructed counsel for a major state-owned oil trading company against multiple parties in five complex interpleader proceedings concerning high-value gasoil cargoes aboard four vessels. The dispute arose out of the USD 3.5 billion insolvency of Hin Leong Trading (Pte) Ltd, and the proceedings involve highly complex issues in admiralty, credit and security, trade finance, personal property law, conflict of laws and commercial fraud.
- Successfully acted for a South Asian metals producer in obtaining an SIAC arbitration award for damages of about USD 5 million over a CIF sale contract for iron ore cargoes
- Acted as instructed counsel for a Singapore-based commodities trader over a cargo claims dispute before the Singapore High Court worth more than USD 25 million.
International Arbitration
- Acted as instructed counsel in a landmark decision by the Singapore High Court on an application to set aside an SCMA arbitration award regarding a ship recycling contract concluded on BIMCO standard terms: Swire Shipping Pte Ltd v Ace Exim Pte Ltd [2024] 5 SLR 706
- Acted alongside Senior Counsel in a factually complex matter before the Singapore Court of Appeal which raised important issues on the tensions between jurisdictional and substantive challenges to arbitral awards: see COT v. COU and others [2023] SGCA 31.
- Acted alongside Senior Counsel in an SIAC arbitration to resist a Russian bank’s claim against a Singaporean entity for USD 202 million under a Global Master Repurchase Agreement
Civil Litigation
- Acted for the Independent Panel of Aljunied-Hougang Town Council in two landmark Court of Appeal decisions on novel issues of municipal councillors’ duties of care and determination of liability in the absence of pleadings: How Weng Fan v. Sengkang Town Council [2023] 1 SLR 707; [2023] 2 SLR 235
- Representing a Singapore-based distributor of branded perfumes in defending an action before the Singapore High Court for alleged contractual breaches
- Acted for an SGX-listed entity in an unfair dismissal suit by its founder and former CEO. The suit attracted significant media attention and has been amicably settled.
Private Wealth & Mental Capacity Disputes
- Acting for private clients in cross-border legal proceedings where the focus of the dispute is on a high net-worth individual’s mental capacity. The dispute has led to proceedings both in the Family Justice Courts as well as the Appellate Division of the High Court.
- Successfully acted for a private client in resisting his sibling’s claim to enforce an alleged oral agreement over the transfer of shares in a high-value property worth SGD 9.3m. The High Court trial was publicized both in The Straits Times and Lianhe Zaobao: Tan Tien Sek v. Tan Tien Sai [2023] SGHC 81.
- Acted for a beneficiary in a dispute before the Singapore High Court over the appointment of executors for an estate worth more than SGD 18 million.
- Acted successfully for a mentally incapacitated person’s family members in (i) urgently obtaining deputyship orders under the Mental Capacity Act 2008; and (ii) a stay of execution in respect of the Strata Title Management Corporation’s enforcement proceedings against the mentally incapacitated person for non-payment of contributions. The decision was upheld on appeal.
Insolvency and Restructuring
- Acted successfully for the interim judicial managers of three entities in the Envy Group of Companies in respect of their winding up applications. Subsequently acted for the Court-appointed Liquidators in prosecuting claims of up to USD 1.1 billion and various satellite proceedings. The Liquidators successfully obtained partial summary judgment and a bankruptcy order against the key director of the Envy Companies for claims more than USD 416.5 million. The Envy Group of Companies were involved in the first alleged billion-dollar fraudulent Ponzi scheme in Singapore’s history.
- Acted and advised the liquidators of a Singapore-based physical commodities trading house, including an appeal before the Singapore High Court in respect of the adjudication of proofs of debt amounting to USD 49.4 million: see Feima International (Hongkong) Limited v. Kyen Resources Pte Ltd [2024] 4 SLR 101; [2022] SGHC 304.
Appointments
- Young Independent Counsel, Supreme Court, 2024
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
- Member, Law Society of Singapore Probate Practice Committee, 2021-
Education
- Bachelor of Laws (First Class Honours), National University of Singapore
- Master of Laws (International Business Law), King’s College London
Selected Publications
Cross-Border Insolvency
- Tan Kah Wai, “A Golden Thread on the Red Dot – Modified Universalism and the Law on Cross-Border Insolvency in Singapore” (2023) 35 Singapore Academy of Law Journal 364-394
- Kah-Wai Tan, “All that glisters is not gold? Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law” (2020) Journal of Private International Law, Vol 16(3), 465-492
Contract Law
- Tan Kah Wai, “Everything Everywhere All At Once? The “Prevention Principle” and the Implied Duty to Cooperate in Singapore” (2024) 36 Singapore Academy of Law Journal 206-220
- Kah-Wai Tan, “Dismantling the Trojan Horse in Singapore: A critical evaluation of the Implied Term of Mutual Trust and Confidence” (2020) 3 International Journal of Comparative Labour Law and Industrial Relations 36(3), 239-270
Civil Litigation
- Jonathan Muk & Tan Kah Wai, “Order 29: Referrals on Issues of Law” in Singapore Civil Procedure 2024 vol 1 (Cavinder Bull SC, gen ed, Sweet & Maxwell, 2024)
Mental Capacity
- Tan Kah Wai, “A tale of two capacities: assessing the Mental Capacity Act’s relevance in proving testamentary capacity in Singapore”, (2022) 34 Singapore Academy of Law Journal 125-150
- Tan Shen Kiat and Tan Kah Wai, “The Client’s Mental Capacity to Litigate – A Few Pointers on Practice”, Singapore Law Gazette, September 2023
- Tan Kah Wai, “Doing the Right Thing – A Primer on Statutory Wills in Singapore”, Singapore Law Gazette, September 2022
- Allen Sng Kiat Peng and Tan Kah Wai, “The Deputyship Regime Under Singapore’s Mental Capacity Act” (2020) 32 Singapore Academy of Law Journal 167-206
- For more publications, kindly contact Tan Kah Wai
Languages
- English
- Mandarin Chinese
- Cantonese