Kelvin Poon.JPEG

Kelvin Poon

Partner, Rajah & Tann Singapore LLP

Practice Area:

Construction & Projects
International Arbitration

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

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

Kelvin Poon is a partner in the International Arbitration, Construction and Projects Practice Group of Rajah & Tann Singapore LLP. He has represented clients in a broad range of construction, commercial and insolvency disputes before the Singapore courts and in numerous arbitrations. Kelvin also sits as an arbitrator.

Kelvin is recognised as “Dispute Resolution Star” in Benchmark Litigation Asia Pacific 2018 and 2019 for construction and international arbitration, listed in the 2018, 2019 and 2020 editions of Best Lawyers for Arbitration and Mediation. Kelvin has also been named as a “Future Leader” in the 2019 Edition of Who’s Who Legal – Litigation. Kelvin has been described as an “excellent strategist” and is cited and recommended for international arbitration in The Legal 500 Asia Pacific.

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

He is a Fellow of the Chartered Institute of Arbitrators. Kelvin is a member of Core Committee of the ICC’s Singapore Arbitration Group. He is also a member of the ICC Commission for Arbitration and ADR. Kelvin was 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 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 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 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 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.
  • Represented a German technology company in an arbitration against a global heat transfer, separation and fluid handling conglomerate arising out of a joint venture to develop, manufacture and market and 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 EUR100 million.
  • Represented a statutory board in an SIAC arbitration seated in Mauritius in a dispute arising out of a procurement contract in respect of petroleum products involving questions of corruption and breach of national procurement laws. The quantum in dispute exceeds US$170 million. Successfully advised the client in relation to the setting aside of the resulting award and in resisting the enforcement of the award in Mauritius and in various courts in India, including the Supreme Court.
  • Represented an Indian corporation in an SIAC arbitration seated in Singapore against a regional education services group arising out of a joint venture to promote and develop tertiary education institutions in India. The dispute is governed by Singapore law. The quantum in dispute is in excess S$20 million.
  • Representing a UK-based investor in Court proceedings connected with an investment treaty arbitration seated in Singapore against the Government of India. The quantum in dispute exceeds US$1 billion.
  • Pacific King Shipping Pte Ltd v Flory Wealth Singapore Pte Ltd [2010] 4 SLR 413 (HC)
  • WY Steel Construction Pte Ltd v Osko Pte Ltd [2013] 3 SLR 380 (CA)
  • Re Harish Salve [2018] 1 SLR 345 (CA); [2018] 3 SLR 285 (HC)
  • BAZ v BBA [2018] SGHC 275 (HC)
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)
  • DBS Bank Ltd v Carrier Singapore Pte Ltd [2008] 3 SLR(R) 261 (HC)
  • Yeo Boong Hua and ors v Turf Club Auto Emporium [2010] SGHC 136 (HC)
  • Yeo Boong Hua v Turf Club Auto Emporium [2015] 5 SLR 268 (HC)
  • Turf Club Auto Emporium v Yeo Boong Hua and ors [2017] 2 SLR 12 (CA- on liability)
  • Turf Club Auto Emporium v Yeo Boong Hua and ors [2018] 2 SLR 655 (CA – on remedies)
  • Turf Club Auto Emporium v Yeo Boong Hua and ors [2018] 3 SLR 806 (HC – on remedies)
  • BLG v BLJ [2018] SGHC 86 (HC)
  • China Medical Technologies (in liquidation) v Wu Xiao Dong and anor [2018] SGHC 178 (HC)
  • TMTA Asia Ltd v BHP Billiton Marketing AG (Singapore branch) [2018] SGHC 228 (HC)
  • Turf Club Auto Emporium v Yeo Boong Hua [2019] 1 SLR 214 (CA)
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 201 (HC); Re BKR [2015] SGCA 26 (CA)
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 of Supreme Court, Singapore (2011 to 2016)
  • Fellow, Chartered Institute of Arbitrators
  • Member, Singapore Academy of Law, Law Reform Sub-Committee on Financial Products
  • Member, Core Committee of International Chamber of Commerce’s Singapore Arbitration Group
  • Member, International Chamber of Commerce’s Commission for Arbitration and ADR
  • Member, International Bar Association’s Working Group on Harmonizing Arbitration Laws in the Asia Pacific Region
  • Member, ICCA
  • Associate, Insolvency Practitioners Association of Singapore
Publications
  • Co-author, Chapter on “Enforcement of Arbitral Awards in the Asia-Pacific”, The Asia Pacific Arbitration Review 2018 and 2019
  • Co-author, Insolvency Chapter, Singapore Academy of Law Annual Review of Cases (2009 to date)
  • Co-author, Myanmar Chapter in Getting the Deal Through “Arbitration” (2016)
  • Co-author, “Investment Arbitration in Asia” (2016), The Asia Pacific Arbitration Review
  • Co-author, “Arbitration in Asia” (2015), The Asia Pacific Arbitration Review
  • Co-author, “Does the Issuance of An Award Before the Conclusion of an Arbitrator Challenge for Delay frustrate the Challenge?” (2015), Kluwer Arbitration Blog
  • Co-author, “Singapore Court Reviews Investment Arbitral Tribunal’s Decision on Jurisdiction: What Standard Should Apply as to Evidence” (2015), Kluwer Arbitration Blog
  • Co-author, Slim 10 in Singapore (2004) Australian Product Liability Law Reporter