Kelvin Poon.JPEG

Kelvin Poon

Partner, Rajah & Tann Singapore LLP

Practice Area:

Construction & Projects
International Arbitration

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

T +65 6232 0403
E kelvin.poon@rajahtann.com

Kelvin regularly acts in major construction, corporate and commercial disputes for private and public listed companies, major international corporations, and financial institutions.

Kelvin has represented clients in numerous institutional and ad hoc arbitrations involving ICC, JCAA, LCIA, SIAC and UNCITRAL rules. Kelvin also regularly appears in the High Court and the Court of Appeal in Singapore.

In addition to a busy arbitration and litigation practice, Kelvin continues to maintain a niche practice in and regularly advises clients on medical professional liability, Muslim trust disputes, trust administration and trade finance.

In the 2014 Edition of Asia Pacific Legal 500, Kelvin is described as an “excellent strategist” and is cited and recommended for real estate and construction disputes. Kelvin is a Fellow of the Chartered Institute of Arbitrators. Kelvin is also a member of the International Bar Association’s Working Group on Harmonizing Arbitration Laws in the Asia Pacific Region. 

Experience
International Arbitration, Construction and Projects
  • Represented an Asian port operator in a LCIA arbitration in relation to a multi-million dollar dispute over a project to develop and build a port terminal. The seat of the arbitration was London and the governing law was Singapore law.  
  • Represented one of the world’s largest mining companies in an ad hoc arbitration under the UNCITRAL rules in relation to disputes over a project to develop and build an integrated mining and processing facility. The seat of the arbitration was Singapore and the governing law was Philippines law. The project was valued in excess of US$1 billion.
  • Represented an Australian Top-100 company in an SIAC arbitration against a Singapore government linked company in relation to disputes arising out of a cable tunnel project. The seat of the arbitration was Singapore and the governing law was Singapore law. The quantum in dispute was around S$100 million.
  • Represented a trust in an SIAC arbitration against a Indonesian pulp company in a multi-million dollar claim in relation to disputes arising out of various pulp purchase agreements. The seat of the arbitration was Singapore and the governing law was New York law.
  • Represented a Thai distributor in a JCAA arbitration against a Japanese motor giant in a multi-million dollar dispute arising out of agreements to assemble and distribute trucks across South East Asia. The seat of the arbitration was Japan and the governing law was Japanese law. The claim was in excess of US$300 million.
  • Representing a German technology company in a dispute against a global heat transfer, separation and fluid handling conglomerate arising out of a joint venture to develop, manufacture and market globally a water ballast treatment product. The dispute is governed by Singapore law and the arbitration is seated in Singapore under the ICC Rules. The quantum in dispute is in excess of EUR 100 million.
  • Pacific King Shipping Pte Ltd v Glory Wealth Singapore Pte Ltd [2010] 4 SLR 413 (HC)
  • WY Steel Construction Pte Ltd v Osko Pte Ltd [2013] 3 SLR 380 (CA)
Banking and Insolvency
  • Re Wan Soon Construction Pte Ltd [2005] 3 SLR(R) 375 (HC)
  • United Overseas Bank Ltd v Bank of China Ltd [2006] 1 SLR(R) 57 (CA)
  • DBS Bank Ltd v Carrier Singapore Pte Ltd [2008] 3 SLR(R) 261 (HC)
  • Beckkett Pte Ltd v Deutsche Bank AG & Anor [2008] 2 SLR(R) 189 (HC)
  • Beckkett Pte Ltd v Deutsche Bank AG & Anor [2009] 3 SLR(R) 452 (CA)
  • Represented one of the world’s largest banking groups in defending a multi-million dollar claim in the Singapore High Court for alleged breaches of duty.
  • Represented Lindeteves-Jacoberg Limited, an SGX main-board listed company, in its debt restructuring exercise involving 14 lenders across multiple jurisdictions
  • Part of the team that advised the Lehman Brothers group in the liquidation of its Singapore subsidiaries
General commercial litigation
  • Asia Business Forum Pte Ltd v Long Ai Sin [2004] 2 SLR(R) 452 (CA)
  • Marubeni International Petroleum (S) Pte Ltd v Projector SA [2004] 4 SLR(R) 233 (HC)
  • Firstwaters Pte Ltd v Lindeteves-Jacoberg Limited [2005] SGHC 200 (HC)
  • Petrosin Corp Pte Ltd v Clough Engineering Ltd [2005] SGHC 170 (HC)
  • Otech Pakistan Pvt Ltd v Clough Engineering Ltd & Anor [2007] 1 SLR(R) 989 (CA)
  • Yeo Boong Hua & Ors v Turf City Pte Ltd & Ors [2008] 4 SLR(R) 245 (HC)
Medical law
  • Chai Chwan v Singapore Medical Council [2009] SGHC 115 (HC)
  • Surender Singh v Li Man Kay & Ors [2010] 1 SLR 428 (HC)
  • Re BKR [2013] SGHC
Muslim trusts
  • Abdul Jalil bin Mohd Talib v A Formation Construction Pte Ltd [2007] 3 SLR(R) 597 (CA)
  • Syed Abbas bin Mohamed Alsagoff v MUIS [2009] SGHC 281 (CA)
  • Shafeeq bin Salim Talib v Fatimah bin Abud Talib [2010] 2 SLR 1123 (CA)
  • Shafeeq bin Salim Talib v Helmi bin Ali bin Salim bin Talib [2011] SGHC 165 (HC)
Tort / negligence
  • De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products [2003] 4 SLR(R) 682 (HC)
  • Goh Sin Huat Electrical Pte Ltd v Ho See Jui [2012] 3 SLR 1038 (HC / CA)
Memberships / Directorships
  • Member, Singapore Academy of Law
  • Member, Law Society of Singapore
  • Member, Rules of Court Working Party (2011 to date) 
  • Fellow, Chartered Institute of Arbitrators
  • Member, Singapore Academy of Law, Law Reform Sub-Committee on Financial Products
  • Member, International Bar Association’s Working Group on Harmonizing Arbitration Laws in the Asia Pacific Region
  • Member, ICCA and Young ICCA
  • Associate, Insolvency Practitioners Association of Singapore
Publications
  • Contributor, Singapore Academy of Law Annual Review of Cases (2009 to date)
  • Slim 10 in Singapore (2004) Australian Product Liability Law Reporter