Kim Beng is the Managing Partner of Rajah & Tann Singapore and an experienced counsel in the practice of International Arbitration and Construction & Projects.
He advises and represents clients on complex, cross-border investments and projects, and acts in high-stakes disputes. He regularly arbitrates under the rules of the major arbitral institutions, as well as under the UNCITRAL Rules.
He is widely recognised in leading legal directories. Benchmark Litigation ranks him as a Litigation Star in Construction; Chambers Asia-Pacific ranks him in Band 2 for Construction; The Legal 500 Asia Pacific ranks him as Leading Lawyer in Construction; and Lexology names him as a Recommended Practitioner in Construction and Arbitration.
Kim Beng is a Senior Accredited Specialist in Building and Construction Law. He helped establish the Building and Construction Law Committee of the Law Society of Singapore, serving as its founding chairperson. He is also a member of the Construction Adjudicator Accreditation Committee of the Singapore Mediation Centre.
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. Protracted proceedings involved expert evidence from various disciplines, including on sanctions and trade.
- Acting for the owner of a chemical plant in two arbitrations with claims 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 2×100 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.
- Acted for a client in arbitration proceedings against a leading utility company on disputes over claims in excess of US$300 million arising from a sale and purchase contract.
- Acted for a client in arbitration proceedings against a state-owned entity on disputes over claims in excess of US$120 million relating to gasoil products.
- Acting for and advising a client on various contracts on the project financing, development and operation of a national strategic energy project, in relation to various disputes under multiple contractual arrangements, including on financing, and the engineering and construction of the project. Claims are in excess of US$500 million.
- Acted in a dispute on claims in excess of US$150 million arising from an EPC contract with an integrated oil and gas producer for the expansion of gasification facilities in a refinery complex.
- Acted for a client in an Emergency Arbitration to obtain an anti-suit injunction to restrain civil proceedings commenced in breach of an arbitration agreement, in relation to disputes arising from various contracts for the engineering, procurement, construction and operation of a power plant in Indonesia.
- Acted in a dispute arising from various contracts with a consortium partner and its affiliates on the engineering, procurement, construction and operation of a power plant in Indonesia relating to issues of late completion and defective performance.
Hospitality
- Acting for a global hospitality manager in an 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 Southeast 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 Southeast 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 the 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 Southeast 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-megawatt 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.
- Advising on claims in excess of US$300 million relating to a project for the development of a township in a Southeast Asian country.
- Acted in a dispute on claims in excess of S$20 million arising from a consortium agreement for the development of medical and acute care integrated facilities.
- Acted in a dispute arising from contracts for the lease, construction and operation of hostel facilities on campus grounds relating to issues of incomplete/defective construction and performance defaults in operation of the facilities.
Commercial & Investments
- Advising and acting for a minority shareholder in a joint venture company for the development of a national strategic infrastructure project, on matters relating to a shareholder agreement and the articles of association, concerning the conduct of the majority shareholders and their board appointees, and the performance of related duties and obligations.
- Advising a global investment fund on issues arising from a share subscription agreement and shareholders agreement, relating to the conduct of the directors of an investment company in the performance of its duties and obligations.
- Advising and acting for an institutional investor on a share subscription agreement and shareholders agreement, relating to the conduct of the directors of an investment company in the performance of its duties and obligations.
- 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 potential 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.
- Advised and acted for a global infrastructure solutions company in disputes with a 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.
- Acted in a dispute over claims in excess of US$90 million regarding the design, engineering, and implementation of an integrated student management system for the administration of academic processes and student record management.
- Acted for a client in SIAC proceedings on claims in excess of US$22 million arising from a series of contracts in a secured facility agreement with several Southeast Asian entities.
- Advising and acting for clients on investigations into non-performing investments in various industries, including technology, fintech and agriculture.
SPEAKING ENGAGEMENTS / LECTURES LIST
- Adjunct Faculty at the Singapore Management University, teaching the course on International Construction Law.
MEMBERSHIPS / DIRECTORSHIPS
- Member, Building and Construction Law Committee, Law Society of Singapore.
- Member, Construction Adjudicators Accreditation Committee, Singapore Mediation Centre.
- Member, Board of Directors, Mount Alvernia Hospital.
- Independent Director, Tiong Seng Holdings Limited.
