Ng Kim Beng.jpg

Ng Kim Beng

Partner

Practice Area:

International Arbitration
Mediation
Construction & Projects

LLB (Hons), National University of Singapore
Advocate & Solicitor, Singapore
Snr. Acc. Spec. (Building & Construction), Singapore Academy of Law

T +65 6232 0182
E kim.beng.ng@rajahtann.com

Kim Beng has more than two decades’ experience specialising in International Arbitration practice and in Construction & Projects.

He works closely with the client throughout engagements, seeking to achieve successful outcomes through strategic action over the range of dispute management and resolution techniques available.

He is regularly engaged as counsel or lead advisor on large, complex disputes on projects in the region and beyond. He has led and conducted international arbitration matters under the SIAC Rules, ICC Rules, HKIAC Rules, LCIA Rules and UNCITRAL Rules.

He also accepts appointments as arbitrator, and has been regularly appointed by the SIAC for construction matters since 2014.

He is consistently ranked as a leading construction lawyer by Chambers Asia Pacific. He was also recognised as a leading individual for International Arbitration in both The Legal 500 Asia Pacific as well as Best LawyersIFLR 1000 recognises Kim Beng as a “Highly Regarded” lawyer for Project Development (2018 to 2021) and Energy and Infrastructure disputes (2015 to 2017).

Kim Beng is a Senior Accredited Specialist in Building and Construction Law, one of the few to receive this recognition when it was first inaugurated by the Singapore Academy of Law in 2018 for professional excellence in this area of practice.

Notable Experience
Plant & Infrastructure Projects 
  • Acting for the owner of a chemical plant in two arbitrations with claims totalling in excess of US$200 million on disputes arising from an EPC contract. The disputes involved novel and complex issues relating to the performance of the contracts and on procurement responsibilities.
  • Acting in an arbitration on disputes between the owner and a global engineering group in disputes over claims in excess of US$100 million, in relation to one of the largest metallurgical mines in Asia. The disputes involved complex issues of plant design and engineering, and project management, procurement and coordination of construction works involving over 250 contractors and trades (and over US$350 million in aggregate value).
  • Advising the owner on disputes with the EPC Contractor on a project for the development of a very large coal-fired power plant in South-East Asia, with claim amounts in excess of US$500 million.
  • Acting for an owner and operator of power assets in the region a US$180 million dispute over the EPC contract for the design and construction of a 2x100 MW coal-fired power plant. Issues in dispute included rights of access and to easements; entitlement to extensions of time and claims for prolongation and acceleration; and consequential liabilities under the Power Purchase Agreement.
  • Advised and acted for one of the region’s largest offshore engineering services contractor in a dispute over a US$400 million contract for the FEED, procurement of processing plant and living quarters of a floating production storage and off-take platform. The disputes concerned issues of failure of design and engineering, non-conformances in the works, and delays to completion.
Hospitality
  • Acting for a global hospitality manager in a HKIAC arbitration on disputes with the owner and developer of a luxury resort in North Asia, on the termination of the management agreement and entitlement to reliefs.
  • Acting in an SIAC arbitration between the sellers and purchasers of a luxury resort development in South-East Asia, on the termination of the sale and purchase agreement.
  • Advising a global serviced residences operator on the termination of a managed services agreement for the operation of a serviced residence in South-East Asia.
  • Acting for a major property developer in an SIAC arbitration on disputes arising from a contract for the sale and purchase of a major mixed commercial residential and retail complex in Vietnam, governed by Vietnamese law. The arbitration gave rise to a challenge against the office of the Emergency Arbitrator appointed on the application by the purchaser for certain interim reliefs – a first under the particular arbitration rules.
Building & Construction
  • Acting in an arbitration between developer and main contractor on disputes for the design and construction of a 55-storey mixed-use development of approximately 12,500 m2 in a South-East Asian country.
  • Advising and acting for the owner/operator of a data centre in an LCIA arbitration with claims in excess of EUR 60 million against the design and build contractor. The 22 mega watt Tier III data centre was constructed on the basis of the NEC form of contract. Issues in dispute include formation of contract; design and programming defaults; delays and claims for extension of time; and contract renunciation and termination.
  • Representing the regional arm of a leading global construction corporation in respect of an SIA arbitration involving a dispute against a Singapore company regarding the construction of a prestigious office development. The dispute involved issues of concurrent delay, prolongation, extensions of time, liquidated damages, variations, defects liability and warranty claims.
  • Representing an international building contractor in various disputes on the construction projects in Singapore, including prestige residential developments; mixed-use retail commercial and residential developments; institutions; and government buildings.
Commercial Investments
  • Acting for a significant oil and gas entity in relation to a US$30m claim over the sale and purchase of shares in two oil and gas exploration companies under SIAC rules. The claim arose from the sale of two oil and gas companies in Indonesia, and the allegations that the basis of certain tax obligations were not accurate. At issue were novel questions on the arbitrability of tax disputes, and the implementation of a new legislation relating to the sale of oil and gas companies under Indonesian law.
  • Advising a regional water treatment and supply resource owner on disputes over unpaid concession payments in excess of US$300 million, involving potentially disputes proceedings under the relevant bilateral investment treaty.
  • Advising and acting for a global chemicals company in a dispute with a utilities supply company on disputes arising from a contract for the supply of utilities and off-take agreement. In dispute were issues including vitiation of contract and the foreseeability of revisions to water price tariffs. 
  • Acting for a leading global oil and gas service provider, publicly listed on the main board of a South East Asian country, in claims against an African oil and gas contractor specialising in well construction and remedial services. The claims involved unpaid sums said to be wrongful withheld under an agreement for the acquisition of shares in a company owning significant oil & gas related assets. 
  • Advised and acted for a global infrastructure solutions company in disputes with public transport entity relating to wrongful repudiation of a US$120 million contract for the design, engineering, supply and installation of a rail propulsion system.
Memberships / Directorships
  • Chair, Construction and Infrastructure sub-committee of the Promotion of Singapore Law Committee of the Singapore Academy of Law.
  • Member, Law Reform Committee of the Singapore Academy of Law: Sub-Committee for the Review of Building and Construction Law in Singapore
  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law
Speaking Engagements / Lectures List
  • Adjunct Faculty at the Singapore Management University, teaching the course on International Construction Law.