Yong Hong specialises in “dry” shipping, commodities and trade finance. He is regularly instructed by major trading houses, transport and logistics companies, and banks in a wide range of contentious and non-contentious matters.
His expertise includes bills of lading, charterparty, ship sale and purchase, commodities, and trade finance disputes. Yong Hong has also frequently been instructed by both banks and trade creditors to advise on and coordinate complex cross-border litigation in connection with the corporate insolvencies of major commodities players, bunkers suppliers and shipowners. Many of these cases involve investigating complex commercial / banking fraud.
Not limited by his specialisation, Yong Hong acts in a wide range of other contentious matters, including disputes in the hospitality industry and in joint venture disputes.
As an advocate, he has argued cases before all levels of the Singapore Courts, receiving praise from a full bench of the Court of Appeal for his “candour and tenacity” in advancing his clients’ case. He is well-versed in international commercial arbitration, having acted as counsel in SIAC, SCMA, HKIAC, LMAA and LCIA arbitrations.
Yong Hong also regularly assists his clients in drafting and reviewing all manner of commercial documents, including sale and purchase contracts, charterparties, as well as facility agreements, security documents and other loan documentation.
Yong Hong is recognised as an Accredited Specialist in Maritime and Shipping Law under the Singapore Academy of Law Specialist Accreditation Scheme.
Notable Cases & Transactions
International Trade/ Trade Finance
- Acting for a financial service provider, as owners of metals commodities worth more than US$300 million, in various Singapore and English Court proceedings arising in connection with forged warehouse receipts put in circulation by third party fraudsters to obtain trade finance.
- Acted for a Vietnamese SOE in Singapore Court and LCIA proceedings involving claims, exceeding US$30 million, in connection with a deliberate circle-out transaction purportedly for the sale and purchase of crude oil. Issues include questions relating to the sellers’ entitlement to purchase price and potential bank fraud.
- Acted for trade creditors and banks with collective exposure in excess of US$20 million in relation to collapse of Kyen Resources, including advising on investigation of complex banking fraud, asset tracing, and multi-jurisdictional recovery actions (Singapore, England, Korea, China and Turkey).
- Acting for a major European bank in Singapore Court proceedings in a US$5.2 million dispute in connection with an indirect guarantee transaction (URDG 758) in which the client was the guarantor bank.
- Acting for a major Japanese bank to draft templates for accounts receivables purchase master agreements for general use in its transactions.
- Acting and advising judicial managers and liquidators in the insolvency of Ocean Tankers (Pte) Ltd one of the world’s largest tanker fleet operators.
- Acted for a major Chinese bank in proceedings before the Singapore International Commercial Court successfully obtaining damages in excess of US$32 million for breaches of best endeavors obligations by the issuer of letters of support in connection with sale-and-leaseback ship financing provided by the bank.
- Advised shipowners on multi-million-dollar demurrage claims and other matters arising in connection with prolonged waiting of their tankers off Yemen caused by Saudi blockade in 2016.
- Acted for a major oil rig operator in a US$105 million claim brought in the Singapore Courts against the hirer of a rig for breach of its obligations in a rig hire transaction.
- Advised and acted for shipyards and owners in various newbuilding disputes, including a dispute in connection with owners’ right to refuse delivery of a vessel valued at US$110 million.
- Advised and acted variously for shipowners, banks and trading houses in connection with cargo claims in connection with the collapse of Aavanti Industries in 2016.
Selected Reported Cases
- The “Ocean Winner”  4 SLR 526 (whether in rem writs filed without leave of court breach 211B statutory moratorium)
- Hai Jiao 1306 Ltd v Yaw Chee Siew  5 SLR 21 (breach of best endeavours obligations)
- ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Ltd  2 SLR 695 (use of documents obtained through pre-action disclosure; Riddick principle / abuse of process)
- BWG v BWF  1 SLR 1296 (companies winding up; threshold for raising disputed debt where dispute is subject to arbitration)
- Hai Jiao 1306 Ltd v Yaw Chee Siew  3 SLR 142 (breach of disclosure obligations; whether adverse inference / unless order should be made; test for determining whether a party has possession of e-mail accounts)
- Mitsubishi Corporation RtM International Pte Ltd v. Kyen Resources Pte Ltd  SGHCR 06 (Sale of Goods Act, rights of unpaid seller – issues arising in The Res Cogitans  AC 1034)
- Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd  2 SLR 1271 (landmark Court of Appeal decision on when court proceedings will be stayed in favour of a foreign contractual forum)
- Transocean Offshore International Ventures Ltd v Burgundy Global Exploration  3 SLR 1017 (rig drilling contract; interpretation of exclusion clauses, “ejusdem generis”)
Memberships / Directorships
- Accredited Specialist, Maritime and Shipping Law
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
Other Professional Activities
- Adjunct lecturer, Shipping Law, Singapore Shipping Association
- Adjunct Faculty (Shipping & Admiralty), Singapore Management University