WenXiong co-heads the firm’s Emerging Technologies, Media and Telecommunications practice, and routinely acts in complex disputes raising novel legal and factual issues. WenXiong is experienced in disputes pertaining to biotechnology, cryptocurrency, information technology, telecommunications infrastructure, renewable energy, and urban agriculture; WenXiong successfully brought the first cryptocurrency claim before the Court of Appeal, which raised novel and complex legal issues pertaining to the algorithmic trading of cryptocurrencies. Outside of this, WenXiong has an active court litigation and arbitration practice spanning the full gamut of cross-border commercial and corporate disputes, including banking, construction, cryptocurrency, defamation, derivative actions, energy projects, fraud, hospitality, insolvency, investigations, mergers and acquisitions, minority oppression, natural resources and commodities, shareholder disputes, supply of goods, syndicated loans, and white collar crimes. WenXiong has appeared at all levels of the Singapore Courts (the Court of Appeal, Appellate Division of the High Court, General Division of the High Court and State Courts) in addition to international and domestic arbitrations under various arbitral rules (including the SIAC, ICC and LCIA).
WenXiong graduated with a LL.B. (First Class Honours) from the National University of Singapore, and a LL.M. from New York University on the NUS-NYU LL.B/LL.M Dual Degree Programme. Prior to private practice, WenXiong served as a Justices’ Law Clerk to both the Court of Appeal and High Court, and as an Assistant Registrar and Magistrate, during which he authored landmark judgments on the conflict of laws and substituted service by social media. In addition, WenXiong was a Teaching Fellow with the National University of Singapore, where he co-taught international commercial litigation and conflict of laws with the late Professor Tan Yock Lin.
WenXiong has been appointed as Young Amicus Curiae to assist the High Court in the determination of novel and complex issues of law. He has submitted on public interest immunity in the context of mutual legal assistance, and the appropriate sentencing framework for breaches of remission orders — for which a special three-Judge bench of the High Court has expressed their “gratitude… for the considerable assistance [WenXiong] rendered us” (Abdul Mutalib bin Aziman v PP [2021] SGHC 102). WenXiong has also been lauded for his “constant determination and drive”, which “gave the client confidence the case was in good hands”.
WenXiong has published extensively. He is a contributor to Singapore Civil Procedure (commonly known as the White Book) and is the author of numerous articles published in the Singapore Academy of Law Journal and the Singapore Journal of Legal Studies. His articles have been cited favourably by the Court of Appeal, the High Court, and by academics.
WenXiong was also awarded a SAL Post-Qualification Overseas Attachment, pursuant to which he has done a placement with Fountain Court Chambers where he worked with a number of Queen’s Counsel on a variety of matters in the English courts.
Case Highlights
Emerging Technology, Media & Telecommunications
- Acting for B2C2 Ltd., one of the world’s largest market makers in cryptocurrency, in a dispute over the cancelling of cryptocurrency trades at 250 times the going rate, in the first such dispute before the Singapore courts and involving inter alia the novel issue of how the doctrine of mistake was applicable to algorithmic trading in cryptocurrency (Quoine Pte. Ltd. v B2C2 Ltd. [2020] 2 SLR 20).
- Acting for a statutory board in a dispute with a leading state-linked information, communications and technology service provider in relation to an information technology project valued at several hundred million Singapore dollars.
- Acting for a multinational biotechnology conglomerate in the business of running biotechnology ventures, providing consultancy services and investing venture capital (i) in an application for an ex parte injunction restraining the holding of shareholders in a long-drawn out shareholder dispute, (ii) in relation to disputes following a related settlement agreement, and (iii) in relation to investigations into alleged corporate malfeasance.
- Acting for a leading Singapore-headquartered urban agriculture company in a dispute over whether it had induced an employee to breach a restraint of trade clause in the employee’s contract with his ex-employer, as well as disputes with vendors.
- Acting for a Singapore-headquartered telecommunications equipment and service provider in arbitration proceedings concerning the supply of telecommunications equipment, as well as hardware and software support to an internet service provider based in the Philippines, and defending claims from its own customers in relation to the same.
- Acting for a leading Indian-headquartered renewable energy company in arbitration proceedings, and subsequent setting aside proceedings in the Singapore Courts, in a dispute over a non-disposal undertaking given in relation to the purchase of solar power modules from a supplier in the People’s Republic of China.
- Acting for a cryptocurrency exchange in (i) a claim against a customer for failing to settle a cryptocurrency trade, and (ii) defending a claim in relation to the quantum of payments to be made for the acquisition of a cryptocurrency trading firm.
- Acting for a founder and shareholder in a technology company in relation to minority oppression and unpaid sums.
Insurance & Re-insurance
- Acting for Rajah & Tann in relation to a dispute with OK Lim and other members of his family in relation to a dispute over Rajah & Tann having acted for the interim judicial managers, judicial managers and liquidators of Hin Leong Trading (Pte) Ltd and Ocean Tankers Pte Ltd, and alleged breaches of confidentiality. The case involved inter alia the novel issue of whether the doctrine in Henderson v Henderson may apply within the same litigation (Lim Oon Kuin and others v Rajah & Tann Singapore LLP and another matter [2023] SGHC 222)
- Acting for a Singapore-headquartered multinational conglomerate and leading infrastructure, building management, and consultancy services company, in relation to disputes over large and complex construction projects in Singapore.
- Acting for one of the leading architectural firms in Singapore in a dispute with a contractor, with the dispute raising novel issues related to the duties (if any) that construction professionals owe to contractors.
Building, Construction & Infrastructure
- Acting for Kajima Overseas Asia Pte. Ltd., one of the largest construction companies in Singapore, in the setting aside of an adjudication determination (made pursuant to the Building and Construction Industry Security of Payment Act) on the grounds of a prematurely filed adjudication application (Linkforce Pte. Ltd. v Kajima Overseas Asia Pte. Ltd. [2017] SGHC 46).
- Acting for a Singapore-headquartered multinational conglomerate and leading infrastructure, building management, and consultancy services company, in relation to disputes over large and complex construction projects in Singapore.
- Acting for an investor in a mixed-use development in relation to claims for breach of contract and negligence, and whether Singapore is a convenient forum (Tan Wei Heng Kelvin and another v Tok Beng Tong and another [2023] SGHC 352)
- Acting for a leading property developer in relation to the non-conformity of commercial units with building plans.
White Collar Crime, Regulations & Advisory
- Acting for Carlos Manuel De São Vicente, a prominent Angolan businessman involved in the country’s oil exports, who stands accused of embezzling funds, tax fraud and money laundering through dealings in Angola’s oil industry.
- Acting for an accused person in relation to a high-profile corruption case related to a government construction project, ultimately achieving a favourable four-month sentence despite an initial acquittal and subsequent successful appeal by the Prosecution (Public Prosecutor v Lin Haifeng [2024] SGHC 168).
- Acting for directors of a publicly listed company, Raffles Education Corporation Limited, in relation to charges for breaches of the continuous disclosure obligations imposed by the SGX Listing Manual and the Securities and Futures Act 2001.
- Acting for an accused person in relation to criminal charges of rape and digital penetration and successfully appealing for a reduced sentence (Pram Nair v Public Prosecutor [2017] 2 SLR 1015).
International Arbitration
- Acting for a multinational corporation in arbitration proceedings concerning the breach of a non-disposal undertaking, as well as the setting aside of the arbitral award on the grounds that there was no valid arbitration agreement, lack of jurisdiction and breaches of natural justice (COT v COU and others and other matters [2023] SGHC 69).
- Acting for a company in the forestry industry in arbitration proceedings concerning claims for non-performance in the quality and quantity of logs delivered, as well as challenging the arbitral tribunal’s preliminary ruling on jurisdiction on the grounds of a superseding arbitration clause (BQP v BQQ [2018] 4 SLR 1364).
- Acting for the appointment of a third member of a tribunal constituted under ICC Rules, on the grounds that the third member was to act as an umpire rather than a chairperson (BNP and another v BNR [2018] 3 SLR 889).
- Applying to set aside an arbitral award made in the People’s Republic of China on the grounds that the award went beyond the terms of and scope of the submission to arbitration (CZD v CZE [2023] SGHC 86).
- Acting for a leading Indian-headquartered renewable energy company in arbitration proceedings, and subsequent setting aside proceedings in the Singapore Courts, in a dispute over a non-disposal undertaking given in relation to the purchase of solar power modules from a supplier in the People’s Republic of China.
- Acting for a Singapore-headquartered telecommunications equipment and service provider in arbitration proceedings concerning the supply of telecommunications equipment, as well as hardware and software support to an internet service provider based in the Philippines, and defending claims from its own customers in relation to the same.
- Acting for Indonesian hotel owners in a dispute with a European hotel operator over the termination of a series of long-term hotel management agreements.
- Acting for a Japanese logistics conglomerate in relation to breaches of certain joint venture agreements with parties based in India.
- Acting for a bank in a claim against another bank for failing to offer promised tag-along rights to exit a loan facility.
Litigation & Appeals
- Acting for a statutory board in a dispute with a leading state-linked information, communications and technology service provider in relation to an information technology project valued at several hundred million Singapore dollars.
- Acting for 4Fingers Pte Ltd, a leading fast food chain headquartered in Singapore, in a dispute with an erstwhile CEO in relation to whether he had been terminated for cause and his entitlement to compensation thereto, as well as breaches of directors’ duties and fiduciary duties.
- Acting for a debtor in relation to assignments of claims that the debtor had obtained during the interim period between judicial management and winding up, and involving novel issues of law as to whether insolvency set-off is precluded on the grounds of public policy where claims are assigned, and whether non-assignment clauses have proprietary effects or merely take effect as a matter of contract.
- Acting for employees in defending clawback claims by the liquidator of companies that had allegedly perpetrated a Ponzi scheme in relation to fraudulent nickel trades to the tune of SGD 1.5 billion.
- Acting for an investor in a mixed-use development in relation to claims for breach of contract and negligence, and whether Singapore is a convenient forum (Tan Wei Heng Kelvin and another v Tok Beng Tong and another [2023] SGHC 352)
- Obtaining a worldwide Mareva injunction and an order for the appointment of receivers and managers in respect of Singaporean companies linked to a former Russian minister.
- Acting for a Singapore-based private equity group in relation to shareholder disputes, including a conspiracy claim against the co-founders of a multinational healthcare conglomerate in relation to the sale process of the said conglomerate.
- Acting for a multinational biotechnology conglomerate in the business of running biotechnology ventures, providing consultancy services and investing venture capital (i) in an application for an ex parte injunction restraining the holding of shareholders in a long-drawn out shareholder dispute, (ii) in relation to disputes following a related settlement agreement, and (iii) in relation to investigations into alleged corporate malfeasance.
Appointments
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
Publications
- Contributor to the 2016 – 2024 editions of Singapore Civil Procedure (commonly known as the White Book).
- “Prospective Judicial Pronouncements and Limits to Judicial Law-Making” (2016) 28 SAcLJ 611, cited with approval in the Court of Appeal decision of Adri Anton Kalangie v Public Prosecutor [2018] 2 SLR 557
- “The (Quistclose) Resulting Trust as a Proprietary Response to Unjust Enrichment: A Bridge Too Far?” (2014) 26 SAcLJ 649, cited in Attorney-General v Aljunied-Hougang-Punggol East Town Council [2015] 4 SLR 474
- “Rethinking the Dichotomy between Civil and Criminal Contempt of Court” (2015) 27 SAcLJ 555
- “Burgundy, the Bifurcation of Jurisdiction and its Future Implications” (2015) 27 SAcLJ 222
- “The Subsumation of Maintenance and Champerty Under Third Party Orders” [2014] SJLS 37