Charles K. S. Tay

In recent years, Charles has built a track record of obtaining in international arbitrations full dismissals for clients, as respondents, of substantial claims brought by counterparties. 

Clients appreciate his tenacity and insight in finding and marshalling for them the arguments that make the difference for their cases. 

Before joining Mayer Brown, Charles had worked in one of China’s top Red Circle firms in Beijing, was a visiting foreign lawyer with one of the world’s foremost international arbitration groups in London, and was associate and tribunal secretary to Dr. Michael Hwang SC, a preeminent international arbitrator and then Chief Justice of the Dubai International Financial Centre Courts. 

Charles is a Fellow of the Chartered Institute of Arbitrators (UK) and has been empanelled onto the Reserve Panels of Arbitrators at both the Singapore International Arbitration Centre (SIAC) and the Tashkent International Arbitration Centre (TIAC). 

Charles holds a Master of Laws from Peking University’s School of Law, where he was a Chinese Government Scholar and a China Development Bank Excellence Award prizewinner. Earlier, at the University of Queensland from 2009 to 2012, he was twice awarded Dean’s Commendations for High Achievement.

• A Japanese investment company as respondent in consolidated SIAC arbitrations with asset managers over contested contractual terminations over a project in South Asia. The tribunal dismissed >95% of the claimant’s claims.
• A nationwide Chinese business in parallel HKIAC arbitration and offshore Cayman proceedings concerning Series C private equity investors’ rights under a shareholders’ agreement.
• A Chinese technology company as claimant in a bilingual English-Mandarin CIETAC arbitration over an unsuccessful technology purchase involving artificial intelligence and machine learning from a European technology company.
• A construction company at the High Court of Singapore over payment disputes over work done for a commercial property development. The Court issued its judgment ordering almost full payment in favour of the client.
• A construction company at the Singapore Court of Appeal (Singapore’s apex court) in a dispute over the interpretation of provisions under Singapore’s Building and Construction Industry Security of Payment Act.
• A construction company at the Singapore Court of Appeal in a dispute over a Singapore government housing project involving about 250 residential units.

Supported the representation of:

• A construction consortium in arbitration proceedings in connection with high value disputes arising from a contract for the construction of a major infrastructure project in the Middle East. 
• A bilingual ICC arbitration and related offshore proceedings involving a shareholder dispute between two Asian conglomerates over a nationwide business in China.
• A very large HKIAC arbitration (quantum >USD 900 million) involving a Chinese state-owned oil & gas company concerning an oil project in Africa.
• Parties in a dispute involving a very large set of parallel NAI and CIETAC arbitrations (quantum >USD 1 billion) involving a Chinese technology company over claims arising under investment and technology licensing agreements.
• A dispute involving the enforcement of arbitration awards in Mainland China, New Zealand, Hong Kong and Singapore.
• A dispute involving the enforceability of an arbitration award in Hong Kong due to the alleged presence of “carve-outs” in the underlying arbitration agreement.
• A dispute involving the impact of certain oral agreements made between Chinese and British nationals concerning a substantial cross-border infrastructure business.
• A large Chinese state-owned oil & gas company against multiple hydrocarbon majors on force majeure disputes triggered by the Covid-19 pandemic.

Served as a tribunal secretary / judicial assistant:

• In 7 international commercial arbitrations (SIAC, ICC, HKIAC, AAA-ICDR and ad hoc) with subject matters at dispute including international supply of goods, oil & gas, construction, business acquisition and shareholder agreements.
• To Dr Michael Hwang SC in his role (then) as Chief Justice of the Dubai International Financial Centre’s (DIFC) Courts.