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Kevin Tan, FCIArb

Partner

Practice Area:

Commercial Litigation
International Arbitration

LLB (First Class Hons), King’s College London
Advocate & Solicitor, Singapore

T +65 62320389
E kevin.tan@rajahtann.com

Kevin has a broad-based disputes practice focused on high value commercial litigation and international arbitration.

Kevin has acted in a variety of disputes including, joint venture, oil and gas, shareholder, commodities, investor against state, fraud, employment and has particularly deep expertise in cross-border disputes. He is also a fellow of the Chartered Institute of Arbitrators.

Featured in Singapore Business Review’s 2020 list of most influential lawyers aged 40 and under, Kevin is noted to be one of the most promising legal luminaries in the industry.

Kevin graduated with First Class Honours from King’s College London, where he was awarded the Law School Prize for Jurisprudence and the Linklaters Prize for Administrative law. Prior to entering private practice, he served as a Justices’ Law Clerk to the Chief Justice, Judges of Appeal and Judges of the Supreme Court, an Assistant Registrar of the Supreme Court. He has expertise in criminal matters as well as he was a Deputy Public Prosecutor in the Attorney-General’s Chambers. 

Kevin was also an adjunct tutor for Equity and Trusts and a teaching fellow for Company Law at the National University of Singapore. He teaches Civil Procedure at Part B of the Singapore Bar Course. He is also an accredited mediator with the Singapore Mediation Centre.

In 2015, Kevin was selected as a Singapore Academy of Law Scholar and was seconded to Essex Court Chambers (London) where he worked with leading barristers and Queen’s Counsel.

In 2018, Kevin was appointed as young amicus curiae by the Singapore High Court in a landmark case which contained a detailed sentencing framework for offences including the causing of death of foreign workers under s 15(3A) of the Workplace Safety and Health Act (negligently endangering the safety of a person). In that case, the Court commended Kevin for his “detailed research and helpful submissions”, which “greatly assisted the Court”

Experience

Kevin’s experience includes the following:

International Arbitration
  • Acting for a State in an UNCITRAL Arbitration relating to a water concession agreement concerning claims in excess of US$1 billion.
  • Acting for a Cayman-Islands based fund against a conglomerate in the Philippines in a SIAC Arbitration over toll road concessions in South East Asia concerning claims in excess of US$500 million.
  • Acting for a Japanese trading company in a SIAC Arbitration involving a high-value dispute relating to the sale of petrochemical products.
  • Acting for a Cayman-Islands company in an ICC Arbitration concerning a dispute relating to a share purchase transaction.
  • Advising a tobacco company on setting aside an arbitral award in relation to an arbitration under the United Nations Commission on International Trade Law Rules of Arbitration (as revised in 2010) involving claims in excess of US$4 billion.
  • Acting for Indonesian companies in an ICC arbitration arising from a joint venture in Indonesia to develop and operate a 2.6 million cubic meter oil storage complex.
  • Acting for a Singaporean company in a SIAC Arbitration against an Indian company involving a dispute relating to the sale of Multi-Function Peripherals (such as copiers). 
  • Advising a Singapore real estate company on disputes relating to various construction defects in its properties. 
  • Acting for a Fintech company in a SIAC Arbitration relating to various technical projects.
Commercial Litigation
  • Acting for a company which is part of the Prysmian Group – the largest cable manufacturer in the world - in a claim against its former employee in the Singapore High Court for conspiracy to defraud it and successfully obtaining judgment.
  • Successfully setting aside service out of jurisdiction in a high-value dispute relating to binary options trading which spanned multiple jurisdictions (Romania, Belize, Israel, Singapore and the UK) in the Singapore High Court.
  • Acting for joint venture partners in a court dispute relating to the handover of premises by the former Turf City Operators. This case involved a novel point of law on “Wrotham Park” damages for which an Amicus Curiae (Professor Goh Yihan) was appointed and a five-judge coram was convened.
  • Acting for a Malaysian company and a company registered in the Marshall Islands in an oil and gas dispute before the Singapore International Commercial Court.
  • Acting for a leading container leasing company in a dispute relating to the leasing of cement containers (including damage caused to the containers) before the Singapore High Court and successfully obtaining judgment in full.
  • Successfully acting for a coal mining company in relation to a conspiracy by multiple defendants with respect to a financing transaction.
  • Acting for a trader in a dispute relating to trades on a cryptocurrency platform.
  • Acting for an interior design firm in a dispute concerning regulatory approvals and construction defects in the Singapore High Court.
  • Acting for the Inland Revenue of Singapore in a claim for damages and restitution of substantial tax refunds obtained by a taxpayer through a tax avoidance arrangement.
  • Acting for a Singaporean company involved in importing and exporting parquet flooring in a dispute relating to a loan in the Singapore High Court.
  • Acting for SMRT in relation to the privatisation offer by Temasek and the related court proceedings involving a scheme of arrangement.  
Memberships / Directorships
  • Member, Singapore Academy of Law (2010-present) 
  • Member, Law Society of Singapore (2010-present)
  • Fellow, Chartered Institute of Arbitrators
Publications
  • Co-author (with Anselmo Reyes IJ), Chapter on “Recognition and Enforcement of International Commercial Court Judgments”, in Dispute Resolution in China, Europe and the World (Springer, 2020) 
  • Co-author (with Anselmo Reyes IJ), Chapter on “International Commercial Courts” in “Research Handbook on Transnational Commercial Law” (forthcoming)
  • “The Singapore Mediation Convention vs the New York Convention: Same Difference?”, The ILA Reporter (November 2020)
  • Co-author (with Paul Tan), “Kinks in the SIAC-SIMC Arb-Med-Arb Protocol”, Singapore Law Gazette (January 2018)