07 May 2020

KWM assisted a large Chinese-funded international engineering contractor in securing a complete victory over an international arbitration of a high-value dispute in Singapore

Recently, KWM successfully defended a large Chinese-funded international engineering contractor in a SIAC international arbitration case in which the amount in dispute valued tens of millions of US dollars. The case sets a good precedent for how Chinese enterprises, especially those engaged in overseas engineering business, effectively leverage high-quality legal services and proactively adapt to rules of international disputes resolution mechanism so as to successfully resolve foreign-related legal risks.

The case involves a dispute over an international engineering agency agreement. The applicable law is English law, the seat of arbitration is Singapore and the arbitration institution is Singapore International Arbitration Centre (SIAC). The causes of action in the case which involves complicated factual and legal issues include tort of deceit, negligent misrepresentation, breach of implied terms, and unjust enrichment under the English law.

King & Wood Mallesons (KWM) represented the large Chinese-funded international engineering contractor throughout the whole case. Led by KWM China partners Ms. Ariel Ye and Mr. Xinyu Li, in close cooperation with KWM Australia partner Ms. Edwina Kwan and senior associate Ms. Erin Eckhoff, the KWM team sorted out and analyzed thousands of correspondences and engineering technical documents, interviewed over ten factual witnesses inside and outside the company, and arranged six Chinese and foreign factual witnesses including the company's top management to testify before the Tribunal. The factual witnesses stated the truth of the case with their honesty and integrity at the hearing, and KWM international arbitration team’s defense views based on the clarified facts were fully adopted by the Tribunal. As a result, all the claims of the Claimant were dismissed. The success of the case has fully demonstrated KWM’s strengths in its internationalization and its ability to provide one-stop legal services for complex commercial disputes of different jurisdictions. Additionally, it has also reflected KWM’s ability to provide strong guarantee of foreign-related legal services for Chinese enterprises to participate in the construction of the Belt and Road Initiative.


Media contact

Share on LinkedIn Share on Facebook Share on Twitter
    You might also be interested in

    On 17 June, 2020, China Pacific Insurance (Group) Co., Ltd. ("CPIC") held a listing ceremony at the Shanghai Stock Exchange.

    10 July 2020

    On 22 June, Sinocelltech Group Limited (" Sinocelltech") made its initial public offering (“IPO”) on the SSE STAR Market (stock code: 688520).

    09 July 2020

    On 29 June 2020, Fujian Provincial Communication Transportation Group Co. LTD (FJCT)

    06 July 2020

    BYD Company Limited (BYD, stock code: 002594,01211.HK) announced on 26 May

    15 June 2020

    This site uses cookies to enhance your experience and to help us improve the site. Please see our Privacy Policy for further information. If you continue without changing your settings, we will assume that you are happy to receive these cookies. You can change your cookie settings at any time.

    For more information on which cookies we use then please refer to our Cookie Policy.