Logo: Rajah & Tann Asia - Lawyers who know Asia
  1. Home
  2. one team
  3. partners
  4. ng kim beng
RTS_Photo_Ng Kim Beng (2023).jpg

Ng Kim Beng

Deputy Managing Partner
Partner, Rajah & Tann Singapore LLP

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

"Deputy Managing Partner Ng Kim Beng has an outstanding reputation in construction cases and has an estimable track record in Singapore and Southeast Asia disputes" - The Legal 500

Kim Beng is an experienced counsel in the practice of International Arbitration and Construction and Projects.

He leads as counsel and advises on complex, cross-border investments and projects, and acts in high-stakes disputes. He regularly arbitrates under the rules of the SIAC, ICC, HKIAC, LCIA and other institutions, as well as the UNCITRAL Rules.

He is widely recognised as a leading individual in various legal publications, including Best Lawyers, Chambers Asia-Pacific, Who’s Who Legal, the IFLR 1000 and The Legal 500.

Kim Beng is a Senior Accredited Specialist in Building and Construction Law. He is the co-chairperson of the Building and Construction Law Committee of the Law Society of Singapore.  He is also a member of the Construction Adjudicator Accreditation Committee of the Singapore Mediation Centre.

Notable Experience

Plant & Infrastructure Projects

  • Acting for a contractor in the successful defence of a US$2 billion claim, arising from a dispute in respect of the construction of a thermal power plant project under an EPC contract, involving claims of force majeure due to the effect of UN sanctions.
  • 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).
  • Acting for an owner and operator of power assets in the region in 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.
  • Advising on disputes arising from an Integrated Processing Agreement for the engineering and construction of a chemicals plant in Singapore, involving claims for additional capex as a result of COVID-19 in excess of US$150 million.
  • 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$30 million 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.
  • Acting in an SIAC arbitration on disputes arising out of a joint venture in the agribusiness and crop science industries, involving global giants in the industry. At stake were high-value commercially sensitive IP and valuable know-how. 
Memberships / Directorships
  • Co-Chair, Building and Construction Law Committee, Law Society of Singapore.
  • Member, Construction Adjudicators Accreditation Committee, Singapore Mediation Centre.
  • Member, Board of Directors, Mount Alvernia Hospital.
Speaking Engagements / Lectures List
  • Adjunct Faculty at the Singapore Management University, teaching the course on International Construction Law.