Stacks Image 391
Dan Tan is the principal of Dan Tan Law, a boutique law firm based in New York and San Francisco that has been repeatedly ranked amongst the top 100 of all arbitration practices in the world (Global Arbitration Review 100, 2012 to 2016). Benchmark Litigation recommends the firm for litigation in California, for International Arbitration nationally in the United States, and named it the Euromoney Inaugural “International Arbitration Firm of the Year (US West)”.

In Asia, the practice operates out of an affiliated firm, JLC Advisors, in Singapore, where Dan leads the arbitration practice. Dan is also an associate member of Stone Chambers, a leading commercial barristers chambers based in London and Singapore.

Chambers USA and Chambers Global (2012 to 2017) rank Dan as a leading arbitration lawyer. Chambers calls him “a star in the international arbitration world” and “an extraordinary legal talent and is extremely creative in the legal theories he uses.” He is “particularly praised for his astuteness” and “always two steps ahead of the other side”. “Clients and peers overwhelmingly attest to his expertise as ‘a very skilled advocate’ who ‘comes up with practical, commercial advice that clients find extremely useful.’” The publication also notes his “tremendous expertise in pursuing arbitrations in Asia” and describes him as a “very talented and knowledgeable individual who has an exclusive focus on arbitration.” He has been ranked an “International Arbitration Star” and a “Litigation Star (General Commercial & Securities)” by Euromoney Benchmark Litigation (2010 to 2017 Edns). He was lauded as being “alert, informed and bold in arbitration proceedings” and for his “acumen and knowledge of local law” and “simply amazing ability to remember arcane, technical details from evidentiary findings, and quote them in detail.” The Global Arbitration Review calls him “a name to know” and commends his “impressive attention to detail and strategy” and “innovative ways of presenting complex ideas to a multilingual and multi-jurisdictional tribunal.” The GAR notes his “easy to work with approach” and remarks that “Clients love him.” Euromoney Institutional Investor ranks Dan as an Expert in Commercial Arbitration. Legal 500 Asia calls him an “outstanding lawyer.”

Dan has acted in international litigation matters before US and foreign courts, and in arbitrations under various institutional rules (including ICC, LCIA, AAA, Swiss Rules, BANI, SIAC) seated in major arbitration venues (New York, California, London, Paris, Geneva, Zurich, Indonesia, and Singapore). These cases involve disputes stemming from joint venture and partnership agreements, distributor and supply agreements, patents and IP agreements, license agreements, noncompete agreements, share purchase and option agreements, construction and oil & gas contracts.

Dan has over a decade of international arbitration and litigation experience at some of the largest international law firms. He previously practiced with Latham & Watkins and O’Melveny & Myers in New York, and Lovells in London, where he represented US and international clients in high-value cases spanning a range of national laws and industries, including aerospace, construction, telecommunications, entertainment, pharmaceuticals, manufacturing, oil and gas, and energy.

Dan also regularly sits as arbitrator and has sat as chair and sole arbitrator in arbitrations administered by the SIAC, HKIAC and the ICC seated in Singapore, Hong Kong and New York. Chambers commends his “
experience sitting as arbitrator in complex disputes”.

Dan is Lecturer on Law at Harvard Law School, where he teaches international arbitration. He is also Lecturer in Law at Stanford Law School, where he teaches international investment law. Previously, he taught international arbitration on the adjunct faculty at the Singapore Management University School of Law, and was Lecturer in Law at Oxford University.

Dan speaks and writes prolifically in his field and has published in leading academic journals in the United States and England. These articles have been excerpted in casebooks, cited in prominent textbooks and commentaries and by US Federal courts, and have been called 'ground-breaking thinking'.

Download contact details in v-card.
Email dan@dantanlaw.com

Education


LL.M., Harvard Law School
B.C.L., Oxford University
LL.B., National University of Singapore

Bar Qualifications

New York
California
District of Columbia
England and Wales
Singapore

U.S. Supreme Court
U.S. Second Circuit
U.S. Third Circuit
U.S. Ninth Circuit
U.S. Federal Circuit

US District Courts for the Southern and Eastern Districts of New York; Northern and Central District of California

Academic Appointments

Harvard Law School
Lecturer on Law
(International Commercial Arbitration)
(2008-present)

Stanford Law School
Lecturer in Law
(International Investment Law)
(2013-present)

Singapore Management University Law School
Adjunct Faculty
(International Commercial Arbitration and International Arbitration Practice)
(2011-present)

Oxford University
Lecturer in Law
(English Contract Law)
(2002-2004)

Professional Qualifications

Fellow, Chartered Institute of Arbitrators

Fellow, Litigation Counsel of America

Member, ICC Task Force on Arbitration involving States or State Entities

Languages

Mandarin Chinese

Professional Experience

International Arbitration

In the past few months, successfully acted as lead counsel in SIAC-administered UNCITRAL arbitration representing South-East Asian company against Asian state owed entity in oil and gas dispute. Opposing party represented by one of the leading international law firms. Obtained complete victory for client in liability phase both on contractual liability (liability on this count alone exceeding US$500m) and for breach of obligation of good faith and fair dealing (yet to be quantified but liability expected to be quantified in the hundreds of millions). Amount in dispute US$500m++. (UNCITRAL arbitration, Singapore seat, New York, Singapore and third Asian country law.)

Successfully acted as counsel for US and Canadian companies defending against claims brought by Asian claimants. Obtained complete defense on behalf of clients and dismissal of US$35m claim without any liability on part of client. (ICDR arbitration; New York seat; New York, Singapore and Canadian laws.)

Successfully acted as counsel for Asian-based research company in ad hoc arbitration against well-known U.S. pharmaceutical company. After jurisdictional briefing and argument, obtained favorable settlement on all of client’s terms. (Ad hoc arbitration; US seat; New York law.)

Currently counsel representing three respondents in SIAC arbitration proceedings brought by well-known global entertainment and lifestyle company involving sale of Asia-wide luxury entertainment chain. Also acting as counsel in associated court proceedings in Singapore. Amounts in dispute approximately S$50m (US$40m).

Currently counsel for US and Brazilian companies in ICC arbitration in Sao Paulo in relation to indemnity in joint venture agreement for environmental claims (ICC arbitration; Sao Paulo seat; Delaware law.)

Currently counsel for two ICC arbitrations in Singapore involving breach of joint venture agreements and shareholder claims. (ICC arbitration; Singapore seat; Singapore and Israeli law.)

Currently counsel in IP dispute arising out of asset sale and purchase agreement between Singapore sellers and German buyers. Amounts in dispute approximately US$4M. (SIAC arbitration, Singapore governing law.)

Currently counsel in SIAC arbitration acting for well-known Indian company against Singapore commodities trader for breach of sales contract relating to rock phosphate. Amount in dispute approximately US$5m.

Currently counsel for Argentinian company in patent infringement arbitration against US company (AAA arbitration, New York seat, New York law)

Counsel in ICC arbitration in Paris involving breach of arms and ammunition purchase and supply agreement between arms trader and Eastern-European arms supplier (ICC arbitration; Paris seat; no governing law agreed.)

Counsel for international fiber and polymer company in US federal court and state court proceedings, ad hoc arbitration in Switzerland, and ICC arbitration in Paris involving patent inventorship, trade secrets, and confidentiality disputes. Amounts at issue exceed US$1B. (ICC and ad hoc arbitration; Paris and Geneva seats; French and Swiss governing law.)

Counsel for international financial institution in two LCIA arbitrations and advising on secondary litigation in national courts arising out of disputes relating to share purchase agreement and share option agreement. Amounts at issue exceed US$350 million. (LCIA arbitration; London seat; English governing law.)

Counsel for airplane systems designer and manufacturer in ICC arbitration in New York in dispute with aircraft manufacturer involving technical design and manufacturing compliance, delay issues, and intellectual property infringement claims. Amounts at issue exceed US$300 million. (ICC arbitration; New York seat; New York governing law.)

Counsel for patent holder for patent infringement and breach of licensing agreement claims. After initiating arbitration in California, successfully negotiated settlement 10 times what was offered before Dan Tan Law was brought in as counsel to start arbitration. (AAA arbitration; California seat; California governing law.)

Counsel for worldwide office products supplier in SIAC arbitration in dispute involving manufacturing agreement and asset sale purchase agreement with Indian parties. Case involves related litigation in India. (SIAC arbitration; Singapore seat; Singapore governing law.)

Counsel for international construction company in arbitration proceedings governed by UNCITRAL rules before the SIAC involving trade secrets dispute stemming from construction projects in Asia and the Middle East. Successfully obtained dismissal of claims. (SIAC arbitration; Singapore seat; Singapore governing law.)

Counsel for international construction company in two arbitrations defending against claims for defective construction of manufacturing plant. (ICC and Swiss Rules arbitration; Geneva and Zurich seats; Swiss governing law.)

Represented pharmaceutical company in patent dispute administered by ICDR under AAA rules and seated in California. (AAA/ICDR arbitration; California seat; New York governing law)

Represented US distributor in dispute with overseas supplier involving wrongful termination of distribution and supply joint venture agreements in AAA arbitration. Amounts in dispute exceed US$200 million. (AAA/ICDR arbitration; New York seat; New York governing law.)

Represented Indonesian company in arbitration under Indonesian National Board of Arbitration (“BANI”) rules in dispute with a competitor involving unfair trade practices, breach of confidentiality undertakings, and competition claims. Amount at issue is US$60 million. (BANI arbitration; Jakarta seat; Indonesian governing law.)

Wrote US Supreme Court amicus brief on whether parties may expand scope of judicial review of arbitral awards beyond the grounds set out in the Federal Arbitration Act. Hall Street Associates, L. L. C. v. Mattel, Inc., 128 S.Ct. 1396, No. 06-989 (March 25, 2008).

Arbitrator Experience

Currently Arbitrator in 3-person Tribunal (with Professor Gabrielle Kaufmann-Kohler and Carlos Bianchi) dealing with indemnity claims between household name global multinational companies. (ICDR arbitration, New York seat, New York law.)

Currently Sole arbitrator in AAA / ICDR arbitration involving Korean company against Brazilian company for breach of contract claim. (ICDR arbitration, New York seat, New York law.)

Currently Sole arbitrator in ICC arbitration involving product defect and indemnity claims in sale and purchase agreement involving materials used to manufacture drilling equipment for oil wells. (ICC arbitration, Singapore seat, New York law.)

Currently Sole arbitrator in ICC arbitration involving breach of contract claims between North American and South East Asian entities in the aviation industry. (ICC arbitration, New York seat, New York law.)

Currently Sole arbitrator in HKIAC arbitration involving the sale and purchase of helicopters between a Chinese buyer and U.S. manufacturer. (HKIAC arbitration, Portland OR seat, Oregon law.)

Previously Sole arbitrator in contractual dispute brought by chief executive officer against country club. (SIAC arbitration, Singapore seat, Singapore law.)

Previously, Chair in shareholder dispute involving obligations arising out of share purchase agreement. (HKIAC-administered arbitration, Hong Kong seat, New York law.)


Testifying Expert Experience

Acted as expert on California law in SIAC arbitration seated in Singapore involving dispute over termination of distribution agreement. (SIAC Arbitration; Singapore Seat; California law.)

Acted as expert on Singapore law on enforcement of arbitration agreements in Singapore seated cases in dispute worth hundreds of millions between major oil companies. (ICC Arbitration, Singapore Seat, Singapore law.)


Investor-State

Teach international investment law and investor-state disputes at Stanford Law School.

Retained by international construction company to file ICSID arbitration against Middle-Eastern state for various treaty breaches.

Advised investor on claims against Central Asian country in respect of US$300m investment.

Advised investor on claims against Central American country in relation to expropriation of resort worth US$195m.

Advised investor on claims against South East Asian country with respect to a US$10m investment in manufacturing plant.

International Litigation in US and Foreign National Courts

In a multi-jurisdictional case involving parallel proceedings in the United States and England, provided specialist forum selection and strategic advice on novel international litigation issues to an international communications entity that enabled litigation in the client’s preferred forum.

Advised on recognition and enforcement of foreign judgments, using claim and issue preclusion doctrines (res judicata and collateral estoppel) offensively as part of defense strategy against claims in US courts.

Advised client’s trial counsel, and assisted on briefing, in appeal of motion for antisuit injunction seeking to enjoin foreign proceedings.

Traced assets and collaborated with foreign lawyers in enforcement of £50 million English judgment in New York and several offshore jurisdictions.

Represented BVI company resisting attachment of US$20m+ of assets held by banks in New York.

Represented Taiwanese plaintiff in enforcement proceedings in New York courts to enforce foreign court judgment. Successfully obtained preliminary attachment over US$4m of U.S. assets (which the New York courts have called an “extraordinary remedy”)

Represented BVI company resisting attachment proceedings in New York courts involving in excess of US$21 million of assets.

Commercial Litigation

Currently representing plaintiff in international litigation in the California courts arising out of injuries suffered under the Montreal Convention. Case currently on appeal to the Ninth Circuit Court of Appeals.

Represented plaintiff in US$12m breach of fiduciary duty and fraud claims in California courts.

Represented plaintiff in breach of contract to pay commissions in excess of US$1m in New York courts.

Litigated a complex asbestos-bankruptcy case in concurrent proceedings in both US state and federal courts. Following an eight-month trial and extensive motion practice and appeals, obtained a favorable settlement for the client. Total amount at stake exceeded US$1 billion. (In Re Congoleum Corp.)

Litigated breach of contract claim against well-known hotel chain in New York courts. Obtained settlement on client’s terms on every point.

Advised on and pursued large fraud and insolvency claims against international entities arising out of the worldwide bankruptcy of BCCI.

Litigated insurance coverage issues in New York and New Jersey state courts, and ad hoc arbitration in London.


Publications

The Art of Forum Shopping, Juris Publishing (loose-leaf treatise, forthcoming 2016).

Enforcing International Arbitration Agreements in Federal Courts: Rethinking the Court's Remedial Powers, 47 Virginia Journal of International Law 545-618 (2007) (lead article).

Enforcing Arbitration Agreements with Antisuit Injunctions, Mealey's International Arbitration Report (July 2006) (reprinted in Vol 7, No. 3 Mealey's International Arbitration Quarterly Review 27 (2006)).

Anti-Suit Injunctions and the Vexing Problem of Comity, 45 Virginia Journal of International Law 283-355 (2005) (lead article).

Damages for Breach of Forum Selection Clauses, Principled Remedies and Control of International Civil Litigation, 40 Texas International Law Journal 623-61 (2005) (lead article) (cited in Dicey, Morris and Collins on The Conflict of Laws, 14th Ed.).

Halsbury’s Laws of Singapore, Carriers volume, LexisNexis (2004) (principal author of Carriage of Goods by Sea section), chapters on bills of lading, charterparties, loading, voyage and unloading.

Breaking Promises to Litigate in a Particular Forum: Are Damages an Appropriate Remedy?(2003) Lloyd's Maritime and Commercial Law Quarterly 525-34 (principal co-author) (cited in Dicey and Morris on The Conflict of Laws, 13th Ed., 4th Supp.)

Halsbury’s Laws of Singapore, Equity and Trusts volume, LexisNexis (2003) (contributing author), chapters on injunctions, mareva injunctions (freezing injunctions), anton piller orders (search orders), equitable set-off, receivers and managers, equitable damages and equitable compensation.

Damages for Breach of Exclusive Jurisdiction Clauses (with Nik Yeo of Fountain Court Chambers, London), Chapter 15, Commercial Law and Commercial Practice, Hart Publishing, Oxford (Sarah Worthington, ed., 2003).

Constructing a Doctrine of Economic Duress, (2002) 18 Construction Law Journal (UK) 87-96.

Enforcement of Foreign Judgments–Should Fraud Unravel All? (2002) 6 Singapore Journal of International and Comparative Law 1043-57.

Damages for Breach of Jurisdiction Clauses, (2002) 14 Singapore Academy of Law Journal 342-64.

Grounds of Economic Duress–Further Clarification or Further Confusion? (2001) Singapore Journal of Legal Studies 268-79.

No Dispute Amounting to Strong Cause; Strong Cause for Dispute? (2001) 13 Singapore Academy of Law Journal 428-50.


Speeches and Presentations


“Navigating dispute resolution in North America and the Asia Pacific Region”, IBA Annual Conference (Washington D.C., September 20, 2016)

“Startups and Dispute Resolution”, ICC Young Arbitrators Forum (San Francisco, California, June 2, 2016)

“Discovery and Due Process in International Arbitration”, Stanford International Arbitration Symposium (Stanford Law School, Stanford, California, May 30, 2016)

“The Singapore International Commercial Court”, ICC Asia Pacific Conference (San Francisco, California, April 28, 2015)

“Post-Award Procedures”, California State Bar Association, International Law Section, Berkeley Law School (Berkeley, California, February 20, 2015)

“Salient Issues in International Commercial Arbitration”, Washington College of Law (Washington D.C., November 7, 2013)

“Current Trends in International Arbitration”, International Law Section of State Bar of California (San Francisco, California, September 6, 2013).

“The Effective Presentation of Damages in Litigation”, American Bar Association Annual Meeting (San Francisco, California, August 11, 2013).

“Cross Examination in International Arbitration” (Instructor in English and Mandarin Chinese), Beijing Arbitration Commission (Beijing, December 10-11, 2012; Shanghai Arbitration Commission (Shanghai, December 14-15, 2012).

“Building an International Arbitration Practice”, ICC Young Arbitrators Forum (Boston, Massachusetts, October 22, 2012).

“Global Perspectives on Local Issues”, ICC Young Arbitrators Forum (Rio de Janeiro, Brazil, May 9, 2012).

Global Arbitration Review Live (Rio de Janeiro, Brazil, May 7, 2012).

“What the Opposing Party Might Be Thinking—A Comparative Discussion of Arbitration Practice in Asia and North America”, ICC Young Arbitrators Forum (San Francisco, California, March 8, 2012).

“Access to Arbitration”, Young Arbitration Practitioners Forum (Miami, Florida, February 26, 2012).

“California’s Ban on Foreign Lawyers in International Arbitration Proceedings”, 2nd Annual ICC Asia-Pacific Conference: Regional Perspectives (Hong Kong, April 2, 2011).

“Introduction to International Investment Law”, Harvard Law School (Cambridge, Massachusetts, February 4, 2011).

“Anti-Suit Injunctions and International Arbitration”, International Arbitration 2010, Practicing Law Institute (New York, New York, March 23, 2010) (moderator).

“International Commercial Arbitration: Resolving Cross-border Disputes”, Asia Business Conference, Harvard Business School (Cambridge, Massachusetts, February 15, 2009).

“Court Litigation Tactics Used to Resist Arbitration or Require a Resisting Party to Arbitration, Interim Measures and Parallel Proceedings,” Association of the Bar of the City of New York (New York, New York, March 4, 2008).

“The Strategy and Practice of International Litigation,” International Law Association, International Law Weekend (New York, New York, October 26, 2007) (moderator).

“What Non-U.S. Lawyers Need To Know About U.S. Law,” American Bar Association, Young Lawyers Division and Young Bar Association of Montreal, Spring Conference and International Law Showcase (Montreal, Canada, May 3-5, 2007).

“International Commercial Arbitration,” Asian Society of International Law Inaugural Conference (Singapore, April 7-9, 2007).

“Current Issues in International Arbitration,” American University Washington College of Law, International Legal Studies Program's 25th Anniversary Celebration (Washington D.C., March 27, 2007).

“Enforcing International Arbitration Agreements,” American Bar Association, Section of Business Law (Charleston, South Carolina, January 11, 2007).

“The Use of Anti-suit Injunctions to Enjoin Foreign Proceedings and International Arbitrations,” International Law Association, International Law Weekend (New York, New York, October 27, 2006).

“Antisuit Injunctions and Remedial Devices for Enforcing Forum Selection,” Hamilton Law Association seminar “Emerging Issues in Cross-Border Commercial Litigation” (Niagara-on-the-Lake, Canada, May 5, 2006).

“Forum Selection and Forum Avoidance,” Union Internationale des Avocats seminar “International Civil Litigation and the USA” (Breckenridge, Colorado, February 28, 2006).