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Khelvin Xu

Partner

Practice Area:

Commercial Litigation

LLB (Hons), National University of Singapore
Advocate & Solicitor, Supreme Court of Singapore

T +65 6232 0442
E khelvin.xu@rajahtann.com

Khelvin is a Partner with the firm’s Commercial Litigation group. He is a tenacious litigator who appears regularly in contentious hearings before the Singapore Courts. He finds effective, commercial, and cost-efficient solutions for his clients.

Khelvin’s practice has a particular focus on complex commercial disputes, including matters relating to B2B disputes, directors’ duties, shareholder agreements, and minority oppression. He appears as lead counsel at all levels of the Supreme Court of Singapore and the State Courts of Singapore. He is also active in international arbitration, having handled arbitrations in Singapore (involving foreign parties including Japanese, Indonesian, Indian, and Malaysian parties), Vietnam and New York.

Experience

Khelvin handles a wide range of contentious and non-contentious mattes, with particular experience in :-

  • Contractual disputes
  • International and Domestic Arbitration
  • Debt recovery
  • Directors’ duties
  • Shareholder agreements
  • Minority oppression
  • Trusts and equitable claims
  • Conflicts of law
  • Interlocutory relief
  • Employment law
  • Accident and personal injury law
  • Bankruptcy law
  • Defamation
  • Insurance law
  • Probate and Administration
  • Tenancy and Strata Title disputes
  • Personal data protection law

His experience includes:

International Arbitration / Cross-Jurisdictional Disputes
  • Acting successfully in a multi-million dollar international arbitration for a Japanese corporation listed on the Tokyo Stock Exchange against a Hong Kong entity (represented by an English Queen’s Counsel / Hong Kong Senior Counsel), in respect of the distribution of consumer products in Mainland China.
  • Acting successfully in a multi-million dollar High Court claim for an investment banking company against a South Asian high-net-worth-individual, who had sought to stay the proceedings on the ground of forum non conveniens. Succeeded on appeal before the Court of Appeal. The Court of Appeal’s decision attracted significant industry and media attention. (Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala [2012] 2 SLR 519).
  • Acting in a multi-million dollar international arbitration for the subsidiary of a major European financial institution against an Asian state-owned oil corporation, in respect of a multi-billion dollar oil exploration project in an African country. The opposing party was only able to obtain a fraction of the relief sought.
  • Acting successfully in a million-dollar international arbitration heard in New York for a commodities trader against a large American trading company, defending allegations of breach of contract. Succeeded largely before the arbitration tribunal.
  • Acting in a claim under the Vietnam International Arbitration Center for a commodities trader against the Vietnamese subsidiary of a large Dutch distribution company, for fraudulent payments. The matter was eventually settled.
  • Acting in a multi-million dollar SIAC international arbitration for a South-East Asian high-net-worth individual, in respect of commodities in an African nation and a settlement agreement.
Domestic Commercial Litigation
  • Acting successfully for a Chinese national against 2 other Chinese nationals, resisting claims for non-payment under a sale and purchase agreement for shares. While the claim against Khelvin’s client appeared strong, he successfully persuaded the Court that the written sale and purchase agreement was inadmissible as evidence, and the claim was dismissed with costs.
  • Acting in a multi-million dollar domestic arbitration for a construction company against a sub-contractor, in respect of issues relating to extensions of time and liquidated damages.
  • Acting in a multi-million dollar High Court claim for a large European bank against customers’ allegations of fraud / misrepresentation / breach of duties.
  • Acting in an appeal before the Court of Appeal for a company and an individual in the motor repair industry, against another company and individual, in a claim for breach of trust and outstanding invoices. Khelvin was instructed to take over the matter (from the previous set of lawyers) for the appeal. The Court of Appeal agreed with Khelvin’s submissions that various corporate documents did not support the opposing party’s case.
  • Acting in a High Court claim for the holding company of a Sentosa hotel, against a claim for shares in a subsidiary.
  • Acting in a High Court claim for middle-eastern high-net-worth individuals, in claims for misrepresentation and breaches of a settlement agreement, relating to a fintech startup in Singapore.
  • Acting in a High Court claim for a Singaporean high-net-worth individual against a fund. The fund had received large sums of money from the client, but denied that it was liable to account for these sums. The matter was eventually settled.
  • Acting for a Singapore tour operator against another Singapore tour operator, defending claims for outstanding invoices. After Khelvin began cross-examination, the matter was settled on favourable terms.
Directors’ Duties and Shareholder Rights
  • Acting successfully in a High Court claim for the Singapore subsidiary of a Taiwanese wire / cable company, against an ex-director for egregious breaches of his fiduciary duties. Succeeded completely in obtaining orders for accounts to be taken, and for judgment to be entered against the ex-director even before the actual trial of the matter.
  • Acting in a number of High Court claims for an East Asian high-net-worth-individual against a Singaporean individual, defending allegations of breach of fiduciary duty / minority oppression. Succeeded in a claim for shares in a joint venture company on the basis that they were held in trust for the client. The matter was eventually settled.
  • Acting successfully in a High Court claim for a Singapore-listed construction / property / engineering company, in resisting an application for leave to commence minority proceedings brought by a minority shareholder in a joint venture company. Successfully resisted appeal before the Court of Appeal.
  • Acting in a multi-million dollar High Court claim for a number of companies / individuals, including a high net-worth individual, against claims of minority oppression being brought by a Singapore-listed company. The dispute centered around various properties, including a commercial property located at the Civic District in Singapore, and a gazetted national monument.
Non-Commercial Disputes
  • Acting for a Singaporean high-net-worth individual in relation to a motor accident involving several supercars. The claim was settled in the client’s favour without having to resort to litigation.
  • Acting successfully in resisting applications to the High Court for leave to commence committal proceedings, for alleged breaches of an Order of Court.
  • Acting in a High Court claim for defamation, involving a high-profile dispute between national marathoners.
  • Acting for members of an MCST management committee, defending a claim for defamation. The matter was eventually settled on favourable terms.
  • Acting in a High Court claim for defamation, on behalf of 6 individuals and against 8 individuals and a trade association.
Reported and Unreported Judgments
  • Yip Kin Lung and another v Ding Auto Pte Ltd and another [2020] SGCA 34
  • Sakae Holdings Ltd v Gryphon Real Estate Investment Corp Pte Ltd and others (Foo Peow Yong Douglas, third party) and another suit [2017] SGHC 73
  • Petroships Investment Pte Ltd v Wealthplus Pte Ltd and others and another matter [2016] 2 SLR 1022
  • Petroships Investment Pte Ltd v Wealthplus Pte Ltd and others [2015] SGHC 145
  • Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala [2012] 2 SLR 519
  • Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala [2011] SGHC 185
  • Neoh Raymond Dennis v Liew Leong Wan and another [2011] SGHC 179
  • Long Well Group Ltd and others v Commerzbank AG and others [2016] SGHC 158
Memberships / Directorships
  • Member, Singapore Academy of Law
  • Member, Law Society of Singapore
  • Member, Advocacy Committee (Standing Committee under the Law Society of Singapore)
Publications
  • Contributed to chapter on “Legal Profession” in Singapore Academy of Law Annual Review of Singapore Cases, (2013) 14 SAL Ann Rev 452.
  • Contributed to chapter on "Legal Profession" in Singapore Academy of Law Annual Review of Singapore Cases, (2014) 15 SAL Ann Rev 445.
  • Author, chapter on "Legal Profession" in Singapore Academy of Law Annual Review of Singapore Cases, (2019) (published on e-First 2 July 2020)