Ying Xuan graduated from Singapore Management University in 2019 and was admitted as an Advocate and Solicitor of the Singapore Bar in 2020.
Prior to joining the firm, Ying Xuan was a litigation associate in a mid-sized firm known for its shipping, commodities and international trade practice. She has represented clients in various commercial disputes, with a particular focus in shipping and admiralty disputes and cross-border litigation work. Her experience with these clients has led her to be familiar with the aspects of admiralty disputes such as jurisdictional challenges, cross-border issues given the multi-jurisdictional nature of the industry, arrests and detentions of vessels and issues arising from the sale and supply of goods and services.
Ying Xuan’s experience involves acting for a state-owned multinational corporation for a cargo mis-delivery claim valued at over US$65 million and had successfully resisted an application for summary judgment at first instance. She has also advised and acted for the judicial managers of Xihe Holdings (Pte) Ltd in the restructuring of the Xihe Holdings group of companies, following the collapse of Hin Leong Trading (Pte.) Ltd and Ocean Tankers (Pte) Ltd. At present, Ying Xuan acts for a Chinese state-owned entity in multiple interpleader proceedings which arose from the collapse of Hin Leong Trading (Pte.) Ltd and a Singaporean bank on a mis-delivery claim relating to contracts of carriage with damages amounting to more than US$35 million.
In addition to admiralty disputes, Ying Xuan represents clients in various complex litigation matters, advising clients on commercial contracts, trust, property law and insolvency and restructuring matters. A number of Ying Xuan’s cases also involves investigations and the uncovering of fraudulent conduct. Among these, she assisted in a claim against her client for more than US$8 million on the issues of trust and property law and successfully defended her client before the Appellate Division of the High Court (Wei Ho-Hung v Lyu Jun [2022] SGHC(A) 30). She has also successfully applied for and executed an Anton Piller order (or a search order) on behalf of a client against ex-employees in a claim for misappropriation of confidential information.
Ying Xuan volunteers with the Community Legal Clinics organised by the Law Society and provides advice on probate, matrimonial and family issues, community disputes and contractual disputes. A strong believer in pro bono work, she was one of the top Community Legal Clinics volunteers for 2021.
In her spare time, Ying Xuan plays the piano.
Case Highlights
- Successfully acted for a plaintiff in the Appellate Division of the High Court. The Court found that the majority of some S$8 million 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 (Wei Ho-Hung v Lyu Jun [2022] SGHC(A) 30).
- Successfully acted for the plaintiffs in the Appellate Division of the High Court where the Court found that the defendant was in breach of a contract which he was a party to. The Appellate Division reversed the decision of the High Court and dismissed the defendant’s counterclaim of more than US$11 million (Terigi, Morgan Bernard Jean and others v Hook, Laurence [2023] SGHC(A) 3).
- Acting for a Chinese state-owned entity in multiple interpleader proceedings arising from the collapse of Hin Leong Trading (Pte.) Ltd and traverse the issues of admiralty, contract, credit and security and fraud.
- Acting for a multi-national company in a large-scale investigation due to the misdeeds conducted by its employee, resulting in multiple litigation proceedings brought about by third parties.
- Acting for a Singaporean bank on a mis-delivery claim relating to contracts of carriage with damages amounting to more than US$35 million.
- Acting for a management consulting company against its employees for alleged breaches of contract including breaches of non-compete, non-solicitation and confidentiality obligations and breach of fiduciary duties.
- Acting for a Malaysian listed construction company against an individual to recognise and enforce a Malaysian arbitral award.
- Acted for a Brazilian state-owned entity on a mis-delivery claim relating to contracts of carriage with damages amounting to more than US$65 million.
- Acted for the judicial managers of Xihe Holdings (Pte) Ltd and its associated ship-owning companies relating to the restructuring of the parent entity by advising on amongst other things, the management of the fleet of vessels, detention of vessels, charterparty and mis-delivery claims, as well as acting for the judicial managers in interlocutory applications. Due to the nature of the industry and the expansive reach of the shipping entities prior to the collapse of Hin Leong Trading (Pte.) Ltd, this matter spanned multiple jurisdictions and involved more than 80 vessels.
- Successfully defended a claim for summary determination against a shipowner from claims arising out of a personal injury which occurred while working on board the vessel before the Appellate Division of the High Court, which considered the application of the extended doctrine of res judicata. Some of the other issues raised were whether the defendant was an employee or independent contractor and whether ship managers were agents of the shipowners.
- Advised and represented vessel owners on the potential arrests of the vessels arising from various agreements and ongoing proceedings in a foreign jurisdiction.
- Acted for insurance and reinsurance brokers on a dispute relating to breaches of contract and duty of care, caused by an errant employee’s misconduct in failing to broker reinsurance policies for the clients.
- Acted for a leading marine lubricant supplier in claims against the owners of multiple vessels for the non-payment of invoices for goods and services. The dispute arose from the alleged insolvency of Columbia Shipmanagement and concerned the arrests of vessels and attachment of debts across multiple jurisdictions.
- Acted for claims against an international oil trading company on issues relating to charterparties, involving questions of force majeure and breaches of contract of carriage.
- Acted for and negotiated a settlement agreement for a regional container shipping line against the owners in a claim arising from extensive port and berthage fees.
- Acted for a regional container shipping line for claims involving the detention of containers and issues arising out of an agency agreement.
- Assisted on a matter involving a regional coal importation and distribution company on issues relating to breaches of a sale and supply agreement, with the claim valued at US$3 million.
Appointments
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
Publications
Co-author, “Rights of a Non-Defendant Party Who Furnished Security to Secure the Release of the Vessel” [2021] SAL Prac 14, published in SAL Practitioner (Transportation) journal
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