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.