Huang Shilin is a Foreign Counsel of Rajah & Tann Singapore. He is admitted to practice in both Taiwan and Singapore.
He has been practicing since 1992 and has successfully defended numerous high-profile cases, including one recently ending in acquittal after over 17 years of proceedings arising from CTBC Financial Holding attempting to take over Mega Financial Holding. His opinions were selected twice by the Supreme Court of the Republic of China (Taiwan) to be published in the Judicial Yuan Gazette.
He has extensive experience in domestic and international arbitration and complex litigation. He acts as counsel for arbitration in arbitrations administered by the International Chamber of Commerce (ICC) Court of Arbitration, Singapore International Arbitration Center (SIAC), Milan Arbitration Commission, China International Economic and Trade Arbitration Commission (CIETAC), and Chinese Arbitration Association (CAA). He also acts as a co-arbitrator and chief arbitrator for institutional arbitrations from time to time.
He is serving as an ICC Member of the International Court of Arbitration to carry out duties for the ICC Court of Arbitration under its arbitration rules. He is also serving as a Member of the CAA Court of Arbitration in which Michael Hwang S.C. and Prof. Lawrence Boo are also serving as Members.
Shilin has lectured on the United Nations Convention on Contracts for the International Sale of Goods (CISG) in an international program at a university in Taiwan for three years. He is fluent in Mandarin, English and Hokkien.
He acted for a Taiwanese government-owned company in numerous construction disputes with various contractors, including Japan-based, Germany-based and US-based multinational construction companies. The values of the relevant disputes ranged from US$246 million early in his practice to US$3 billion for the most recent case. Aside from acting for Taiwan based companies, he has also acted for foreign companies in arbitrations administered by CIETAC, Milan Chamber of Commerce, ICC and SIAC. He also acted as an expert witness regarding Taiwan law in an ICC arbitration proceeding relating to a dispute between a French company and Taiwan government seated in Paris.
Shilin’s achievements include being ranked in Chambers Asia Pacific and Chambers Greater China Region in 2023 and recommended in The Legal 500 Asia Pacific since 2018. Who’s Who Legal: Arbitration 2024 also recommended Shilin as one of the world’s leading international arbitrators and arbitration practitioners.
EXPERIENCE
Acting as Arbitrator:
- Acting as an arbitrator in an arbitration in relation to a US$4 million contract dispute between a Taiwanese government-owned commercial bank and a multinational information technology company. The arbitration is held in Taiwan under CAA Rules.
- Acting as the chair arbitrator in an arbitration in relation to an ISDA (International Swaps and Derivatives Association)-related dispute between a multinational commercial bank and a multinational manufacturing company. The dispute is valued at US$1.7 million. The arbitration is held in Taiwan under CAA Rules.
Acting as Counsel:
- Acting for Taiwan based multinational commercial bank in a US$55 million dispute arising from a service and licensing agreement against US based multinational software and service company. The seat of the arbitration is Singapore and the institution to administer the arbitration is Singapore International Arbitration Center. The governing law of the agreement between parties is Singapore laws.
- Acting for a Singapore regional based subsidiary in Taiwan in a US$4 million dispute with Taiwan government challenging for Taiwan’s government procurement terms and conditions breached Agreement on Government Procurement (a plurilateral agreement within the framework of the WTO) on the issues of definition of “significant transformation” to decide the “place of origin” under WTO consensus.
- Acting for a Taiwanese government-owned company in a US$46 billion dispute arising from a bidding process that complies with the Agreement on Government Procurement within the framework of the WTO (World Trade Organization).
- Acting for Taiwanese government owned company in a US$400 million construction project price adjustment dispute with a multinational company arising from the principle of change of circumstances (the doctrine of frustration of contract) under Taiwan Civil Law caused by COVID-19 pandemic. The dispute was mediated in Taiwan under the Public Construction Commission Mediation Rules.
- Acting for Taiwanese government owned company in a US$300 million construction project contract dispute with a multinational company arising from defects by engineering design. The dispute is governed by Taiwan law under ICC Arbitration Rules.
- Acting for a Taiwanese government-owned company in a US$246 million construction dispute with a Japan-based multinational construction company.
- Acting for a government-owned company in a claim for invalidation of an arbitral award under CAA Rules in relation to a US$30 million claim on the grounds that the tribunal lacked the mandate to render the award.
- Acting for a Taiwanese government-owned company in conciliation proceedings for a US$20 million dispute regarding adjustment of the completion day and remedies arising from an EPC contract. The governing law was Taiwanese law.
- Acting for a UK based multinational IT company in a US$4 million copyright infringement dispute with a Taiwanese company in court proceedings in Taiwan. The significance of the case is it was the first case in Taiwan that the copyright owner is able to convince the Prosecution Office to indict the employer for liability for negligence or intentionally omitted take reasonable measures to prevent infringement in the workplace even lack of evidence of conspiracy.
- Acting for a public company with operations both in Taiwan and China in a toxic torts case regarding a US$8 million claim in Taiwan. In this case, we successfully introduced an epidemiology theory, which had never been used in Taiwan in deciding causation in torts cases, into the court system.
- Acting for an Indonesian company in defending against damage claims made by a Chinese government-owned company on the grounds of a breach of an EPC contract. The claim is valued at US$3 million. The arbitration was held in Beijing under CIETAC Arbitration Rules, and the governing law was Singapore law.
- Acting for a Taiwanese government-owned company in a US$6 million construction dispute with a Korea-based multinational construction company.
- Acting for the Taiwan branch of a U.S. pharmaceutical company in relation to a US$10 million claim following the alleged wrongful termination of a distributorship agreement. The dispute was subject to Taiwanese law related to the issue of the jurisdiction of the tribunal to adjudicate disputes with respect to a terminated contract, the ability of a party to assert contractual rights of termination without knowledge of the existence of the contract, and a wide-ranging enquiry into the remoteness of damages claimed. The arbitration was held in Taiwan under ICC Rules.
- Acting for a Taiwan-based pharmaceutical company in defending an international arbitration case filed by its distributor with the Chamber of Commerce in Milan, Italy. The claim is valued at US$4 million. The arbitration was held in Milan under the rules of the Milan Chamber of Commerce. The applicable law is Italian law.
Acting as Expert Witness:
- Acting as an expert witness for Taiwan law in an ICC arbitration proceedings for a dispute between French company and Taiwan government seated in Paris.
RECENT PUBLICATIONS
- “The Evolution of Case Management Conference and Arbitrators’ Role” CAA News Letter, Apr 30, 2022
- “Overview of arbitration and dispute resolution in Taiwan,” Asia Business Law Journal, August 5, 2021
- “Justice must be seen to be done – The Role of CAA in effectuating Arbitrators’ Duty of Disclosure in TRF Arbitration Cases,” CAA, April 13, 2021
- “A Look at Challenge Mechanism under Taiwan Arbitration Practices from IBA Guidelines on Conflicts of Interest in International Arbitration and International Arbitration Practices,” January 2019
RECENT SPEAKING ENGAGEMENTS
- “How to Structure Investments for a Company in Thailand”, Taiwan Printed Circuit Association, March 1, 2024
- “Case Management Conference-introduction to SIAC and ICC rules and practices”, CAA Training Course, May 27&28, 2023
- “Governing Law, Venue, Seat and One China Principle,” Baltic Arbitration Day, August 13, 2021
- “Explanation of arbitrator’s disclosure obligation from recent UK Supreme Court judgment in Halliburton v Chubb case,” CAA, June 1, 2021
- “The ethics regulations arbitrators and parties shall comply: The IBA Guidelines on Conflicts of Interest in International,” Seminar hosted by CAA and Taipei Bar Association, September 23, 2020
MEMBERSHIPS / DIRECTORSHIPS
- Member, International Chamber of Commerce (ICC)
- Member, Chinese Arbitration Association (CAA)
