Yu-Jin Tay

Selected representative experience includes the following matters:

• Represented one of China's largest metals refineries as respondent in an ICC arbitration seated in Singapore commenced by a European technology company. The dispute arose under various technology license agreements and related to ground-breaking technology developed independently by the respondent. The dispute involved claims in excess of USD 100 million and was subject to a variety of applicable laws. There was related local litigation involving intellectual property law and novel points of antitrust law. We achieved a successful result for our clients.
• Represented a leading Korean contractor as respondent in an ICC arbitration seated in Singapore. The arbitration arose in connection with the construction of a multi-billion dollar petrochemical facility in India and included disputes over tax liability. A successful settlement was obtained on behalf of the client.
• Advised and represented a global Korean construction company as respondent and counterclaimant in a SIAC arbitration in Singapore in connection with a mining project in the Asia Pacific region. Over USD 100 million was in dispute and a successful settlement was secured for our clients.
• Represented a global Chinese energy company as claimant in an ICC arbitration seated in Singapore subject to Iranian law. Over USD 80 million was in dispute in connection with the construction of an oil pipeline. There was parallel litigation in Iran and we successfully secured an anti-suit injunction for our clients in support of the arbitration in Singapore.
• Advising and representing a Northeast Asian contractor as defendant and respondent against over USD 1.5 billion in claims arising out of a series of disputes in Indonesia in connection with a long-standing joint venture and various development projects. The disputes are subject to ICC arbitration in Singapore and Indonesia, as well as a series of litigation before local courts. Successful results have been obtained to date for the client in all of the local litigation.
• Represented a Singapore oil and gas company as claimant in a LCIA arbitration seated in London governed by English law against a Middle Eastern marine services company. Over USD 15 million was in dispute in connection with the provision of seismic acquisition services in Iran. A successful award was achieved for the client.
• Representing a global Chinese agricultural technology company as respondent and counterclaimant in an ICC arbitration in Paris against a Romanian company. The dispute is governed by French law and involves claims in excess of EUR 10 million.
• Advised a global Chinese agricultural technology company in connection with a potential LCIA arbitration in London against a Russian company arising out of an agreement for the supply and installation of feed production systems.
• Representing a leading North American retail company and its affiliate against a Korean manufacturing company and its affiliate in a pair of consolidated ICC arbitrations in Singapore arising in connection with a Distribution Agreement and governed by New York law. Approximately USD 100 million in total claims are in dispute.
• Represented an Australian engineering company in a Singapore seated SIAC emergency arbitration against a Thai steel manufacturer in relation to an application to restrain the drawing down of a performance bond in connection with a USD 30 million steel purchase agreement governed by Singapore law.
• Advised a leading Philippine construction contractor in a dispute with a Chinese subcontractor arising from the construction of two coal-fired power plants in Philippines. The disputes were subject to SIAC arbitration in Singapore and governed by Philippine law.
• Advised and represented a US technology company in a shareholder dispute with a leading listed Malaysian manufacturer subject to Malaysian law and KLRCA arbitration in Kuala Lumpur. The matter involved related patent litigation in California and a swift and successful settlement was achieved for the client.
• Represented a US manufacturer in a shareholder dispute with its Indian counterpart subject to Indian law and SIAC arbitration in Singapore. There was parallel litigation before the Indian Company Law Board in Chennai. We achieved an efficient and successful settlement for our clients.
• Advised and represented a US water technology company as respondent in a post-M&A dispute with a Singapore company in connection with a water technology business in South Asia. The dispute concerned tax hold-backs and related indemnifications and was governed by Singapore law, subject to SIAC arbitration in Singapore. An efficient and successful settlement was achieved for our client.
• Represented an Indian-listed IT company and its subsidiary as respondents in a SIAC arbitration seated in Singapore. The dispute arose in connection with a USD 105 million investment and involved ancillary litigation in New York, India, BVI and Singapore. Applicable laws included Singapore and Indian laws.
• Advised an Indonesian shareholder in disputes subject to SIAC arbitration in Singapore arising from shareholder and various financing agreements. The opposing parties were Indian investors and the disputes related to investment in an Asian mining concession.
• Represented two Asian oil and gas companies as respondents in separate ad hoc arbitrations in London and Geneva. The disputes arose in connection with a sale and purchase agreement and a joint operating agreement; one was governed by English law and the other by Sudan law. Over USD 100 million was in dispute and highly favorable settlements were obtained on behalf of our clients in both arbitrations.
• Represented three high profile Filipino Claimants as minority shareholders against 29 Respondents in an ICC arbitration seated in Singapore subject to Philippine law. The dispute arose in connection with a stakeholders agreement and concerned a leading healthcare and medical group. A successful settlement was obtained on behalf of our clients which also led to successful resolution of related litigation in the Philippines and another related ICC arbitration.
• Advised a global distribution services company in connection with a longstanding pricing dispute against a global US technology company, subject to ICC arbitration in London under New York law. The dispute, in excess of USD 30 million, also concerned a related shareholders agreement. A successful commercial settlement was obtained on behalf of our clients which paved the way to a successful business combination.
• Advised and represented a French biotech company in a post-M&A dispute with a Korean life sciences company in relation to a Japanese research and development start-up company. The dispute was subject to ICC arbitration in Tokyo. We achieved a successful settlement for our clients which resolved the dispute and created further commercial opportunities.
• Advised a well-known Korean global electronics company in a dispute with a PRC OEM manufacturer subject to ICC arbitration in Singapore under Singapore law. The dispute, in excess of USD 50 million, arose in connection with indemnification for defective products and compensation for the costs of an international recall. A successful settlement was achieved.
• Advised a leading Korean engineering & construction company in a dispute with a Singaporean subcontractor subject to ICC arbitration in Singapore under Singapore law. The dispute arose in connection with a USD 1.3 billion LNG Terminal Project in Singapore and involved a dispute over intellectual property rights. An efficient and successful settlement was secured.
• Advised a Korean global construction company in a dispute with a Japanese consortium partner subject to ICC arbitration in London under English law. The dispute, in excess of USD 29 million, arose in connection with the construction of a GTL Feed Gas Preparation Plant in the Middle East. A successful commercial settlement was secured.
• Represented a Singapore-based Sports Rights Management company in a dispute against a South Asian sports association arising from a marketing agreement. The agreement was subject to Sri Lankan law and SIAC arbitration in Singapore. A favorable commercial settlement was secured for our clients.
• Represented a major Indian-listed company and its affiliate in joint venture and related disputes governed respectively by Singapore, English and New York laws, subject to SIAC arbitration in Singapore and litigation in a number of jurisdictions. A successful comprehensive settlement and restructuring of the joint venture was achieved. The SIAC arbitration involved the second invocation of the then new SIAC Emergency Arbitrator procedure, with successful and effective results for our clients.
• Represented a prominent French global fashion label against an Asian textile company in an ad hoc arbitration in Singapore. The long-standing multi-jurisdictional dispute arose in connection with trademark registration in breach of agreement between the parties. A successful award was obtained for our clients.
• Represented four Middle Eastern and Asian companies as respondents in ICC arbitration in Singapore against 12 Asian claimants. The dispute concerned a shareholders’ agreement. Over USD 5 billion was in dispute and the dispute was subject to Korean law. Two of our clients successfully objected to jurisdiction. All claims against them were dismissed and over USD 2 million in costs were awarded to our clients. Under the terms of the award on the merits, our other two clients were to sell their shares to the claimants, which effectively gave our clients a return on their investment of over 300 per cent; all damages claims brought against our clients were dismissed, and each party bore their own costs.
• Represented a major Korean contractor as respondent in an ICC arbitration in Korea against a claim by a European contractor under various agreements. The dispute was subject to Korean law and concerned tax liability under the agreements. The amount at stake was approximately USD 30 million. We achieved a complete dismissal of claims against the respondent and full recovery of all legal and arbitration-related costs.
• Represented an English-listed industrial conglomerate and its Dutch affiliate as respondents and counterclaimant in an ICC arbitration in Zurich arising out of a long-standing joint venture in Korea. The dispute arose under a joint venture agreement that was subject to Korean law. The amount in dispute was USD 50 million. A successful settlement was achieved.
• Representing a Bangladesh power plant operator as claimant in three UNCITRAL arbitrations in Singapore, administered by the SIAC, against a Bangladeshi state-owned power company. The disputes are governed by English law and arose in connection with operation and maintenance agreements for two combined cycle power plants in Bangladesh. A successful award for USD 20 million (with full recovery of costs) has been obtained in the first arbitration. The second and third arbitrations are still pending.
• Representation of an American investor and its two Korean affiliates as claimants in an ICC arbitration in Hong Kong against a leading Korean steelmaker. The USD 500 million dispute was governed by Korean law and concerned the respondent’s failure to perform an agreement to sell its assets to the claimants.
• Representation of a Korean subsidiary of a US telecommunications company as claimant in an ICC arbitration in San Francisco against three Korean respondents arising out of the acquisition of telecommunications-related assets from the respondents. USD 10 million was in dispute.
• Representation of an Asian state entity as claimant against a group of leading European defense companies in an ICC arbitration in Paris. The dispute arose from a defense procurement contract and involved claims in excess of USD 550 million. The governing law was French law and the arbitration was in English and French.
• Representation of a French cement company as claimant against a Philippine cement producer in a construction dispute relating to a USD 336 million cement manufacturing plant in the Philippines. Philippine law governed the dispute and the arbitration was conducted in Singapore under ICC Rules.
• Representation of a Korean project company in disputes with construction contractors subject to ICC arbitration in Singapore. The disputes arose out of the construction of a combined cycle power plant in the Philippines and concerned issues including delay, disruption and extra work claims. New York law governed the dispute.
• Representation of a Southeast Asian owner in ICC and SIAC arbitrations in Singapore against Korean contractors. The disputes concerned delay in the construction of a commercial tower block in Manila and the financing arrangements for the project. Philippine law governed and the language of the arbitration was English.

Singapore Public Service Commission, Overseas Merit Scholar

Inns of Court School of Law, Bar Vocational Course

University College London (University of London), LLM

University College London (University of London), LLB

Barreau

• Singapore
• England and Wales

• Fellow and President, Singapore Institute of Arbitrators
• Chairman, Arbitration Bar Committee, Singapore Institute of Arbitrators
• Member, Third Party Funding Working Group, Singapore Institute of Arbitrators
• Advisory Board Member, Japan Commercial Arbitration Association