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).
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.)
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.
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.