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EDUCATION
2009 - Adjudicator Training Course and Assessment, Singapore Mediation Centre.
2004 - Graduate Certificate in International Arbitration, National University of Singapore.
1991 - LLB (Hons), National University of Singapore, Singapore.
2004 - Graduate Certificate in International Arbitration, National University of Singapore.
1991 - LLB (Hons), National University of Singapore, Singapore.
APPOINTMENTS
> Advocate & Solicitor, Singapore.
> Senior Accredited Adjudicator, Singapore Mediation Centre.
> Member, Adjudicator Professional Conduct Panel, Singapore Mediation Centre
> Panel Arbitrator, Singapore International Arbitration Centre.
> Panel Arbitrator, Asian International Arbitration Centre.
> Panel Arbitrator, Singapore Institute of Arbitrators.
> Assessor under Part 8C and Part 10A of the Covid-19 (Temporary Protection Measures) Act (July 2021 to June 2022).
> Member, Chartered Institute of Arbitrators.
> Member, Society of Construction Law Singapore
> Senior Accredited Adjudicator, Singapore Mediation Centre.
> Member, Adjudicator Professional Conduct Panel, Singapore Mediation Centre
> Panel Arbitrator, Singapore International Arbitration Centre.
> Panel Arbitrator, Asian International Arbitration Centre.
> Panel Arbitrator, Singapore Institute of Arbitrators.
> Assessor under Part 8C and Part 10A of the Covid-19 (Temporary Protection Measures) Act (July 2021 to June 2022).
> Member, Chartered Institute of Arbitrators.
> Member, Society of Construction Law Singapore
SOPA ADJUDICATION
> Appointed by Singapore Medication Centre (SMC) as adjudicator in over fifty adjudication applications since 2009.
> Appointed by SMC as panel adjudicator in review adjudications.
> Acted as counsel in adjudication applications since 2006.
> Reported Court cases arising out of Adjudications:
- FT Plumbing Construction Pte Ltd v Authentic Builder Pte Ltd [2018] SGCHR 03
- Aik Heng Contracts & Services Pte Ltd v Deshin Engineering & Construction Pte Ltd
[2015] SGHC 293 >
- Choi Peng Kum v Tan Poh Eng Construction Pte Ltd [2013] SGHC 272; [2013] SGHCR 19 >
- Tiong Seng Contractors Pte Ltd v Chuan Lim Construction Pte Ltd [2007] 4 SLR 364 >
> Appointed by SMC as panel adjudicator in review adjudications.
> Acted as counsel in adjudication applications since 2006.
> Reported Court cases arising out of Adjudications:
- FT Plumbing Construction Pte Ltd v Authentic Builder Pte Ltd [2018] SGCHR 03
- Aik Heng Contracts & Services Pte Ltd v Deshin Engineering & Construction Pte Ltd
[2015] SGHC 293 >
- Choi Peng Kum v Tan Poh Eng Construction Pte Ltd [2013] SGHC 272; [2013] SGHCR 19 >
- Tiong Seng Contractors Pte Ltd v Chuan Lim Construction Pte Ltd [2007] 4 SLR 364 >
ARBITRATION
Arbitration (As Arbitrator)
Appointed as sole arbitrator in more than nine arbitrations since 2010. Selected cases include:
> Sole arbitrator in ad hoc arbitration under the UNCITRAL Arbitration Rules 2010 arising from disputes between a foreign main contractor and its local sub contractor in a public housing project.
> Sole arbitrator in an SIAC Arbitration arising from disputes between a UK based company and a Singapore company over a the alleged repudiation and breach of a franchise agreement.
> Sole arbitrator in an SIAC Arbitration arising from a dispute between the main contractor and owner of a light industrial building in relation to breaches of the main contract for the construction of the building.
> Sole arbitrator in three SIAC Arbitrations between a French corporation and a Chinese company in respect of claims and counterclaims arising from the construction and management contract for a cement plant project in Indonesia.
> Sole arbitrator in an SIAC Arbitration which was a dispute between the Singapore branch of a US listed company and its distributor in the Philippines.
Appointed as sole arbitrator in more than nine arbitrations since 2010. Selected cases include:
> Sole arbitrator in ad hoc arbitration under the UNCITRAL Arbitration Rules 2010 arising from disputes between a foreign main contractor and its local sub contractor in a public housing project.
> Sole arbitrator in an SIAC Arbitration arising from disputes between a UK based company and a Singapore company over a the alleged repudiation and breach of a franchise agreement.
> Sole arbitrator in an SIAC Arbitration arising from a dispute between the main contractor and owner of a light industrial building in relation to breaches of the main contract for the construction of the building.
> Sole arbitrator in three SIAC Arbitrations between a French corporation and a Chinese company in respect of claims and counterclaims arising from the construction and management contract for a cement plant project in Indonesia.
> Sole arbitrator in an SIAC Arbitration which was a dispute between the Singapore branch of a US listed company and its distributor in the Philippines.
Arbitration (As Counsel)
Selected cases include:
> Ad hoc arbitration between a fire protection works sub contractor and its domestic sub contractor over works carried out at the Marina Bay Sands.
> SIAC arbitration between a nominated electrical sub contractor and its domestic sub contractor over works carried out at the Resorts World Sentosa.
> Arbitration between a main contractor and a developer of a luxury boutique hotel in Sentosa Island, Singapore under the Singapore Institute of Architect’s (“SIA”) rules of arbitration. The dispute concerned wrongful termination of the main contract; defects; delays and the main contractors’ claims for payment for work done, variations, extension of time and additional preliminaries.
> SIAC arbitration between a main contractor and its domestic sub contractor in a housing development project in Brunei. The dispute concerned wrongful termination of the sub contract; delays and the sub contractors’ claims for payment for work done, variations, extension of time and loss of profit. The quantum in dispute was estimated to be around SGD24 million. The sub contract was governed by the FIDIC conditions.
> Ad hoc arbitration between main contractor and developer in a dispute caused by the termination of the main contract.
> SIAC arbitration between a shipyard and its marine engineering consultants.
> SIAC arbitration between a supplier of sea sand and its purchaser.
> Arbitration between a Chinese temple and its main contractors relating to issues of defects; delays and variations.
> SIAC Arbitration between a construction company and its sub contractors relating to works done in HDB upgrading project.
> Arbitration/ Mediation in a dispute between a construction company and National Parks Board relating to the upgrading of the Botanic Gardens.
> Arbitration between main contractor and its ACMV sub contractor in the Jurong Sports Complex Project. The dispute was settled after close of pleadings.
> Arbitration under UNCITRAL rules between local engineering company and global MNC relating to the construction of a switchroom on an oil platform.
> Arbitration against the main contractor in disputes relating to the Changi Airport Terminal 3 Project. The dispute involved issues relating to the formation and interpretation of contractual terms; claims for acceleration and loss and expense.
> Arbitration arising from dispute in an employment contract.
> Cross border arbitration regarding defective design of elevators in a warehouse building and other ancillary claims. The case involved complex mechanical and electrical issues and required several expert witnesses.
> Arbitration between the main contractors and Sentosa Development Corporation in a dispute arising from the construction of the Sentosa Ferry Terminal.
> Malaysian arbitration regarding allegations of improper design causing collapse of open cut slopes and other ancillary claims.
> Arbitration between the main contractor and the developer of a condominium involving issues of delays and extensions of time.
Selected cases include:
> Ad hoc arbitration between a fire protection works sub contractor and its domestic sub contractor over works carried out at the Marina Bay Sands.
> SIAC arbitration between a nominated electrical sub contractor and its domestic sub contractor over works carried out at the Resorts World Sentosa.
> Arbitration between a main contractor and a developer of a luxury boutique hotel in Sentosa Island, Singapore under the Singapore Institute of Architect’s (“SIA”) rules of arbitration. The dispute concerned wrongful termination of the main contract; defects; delays and the main contractors’ claims for payment for work done, variations, extension of time and additional preliminaries.
> SIAC arbitration between a main contractor and its domestic sub contractor in a housing development project in Brunei. The dispute concerned wrongful termination of the sub contract; delays and the sub contractors’ claims for payment for work done, variations, extension of time and loss of profit. The quantum in dispute was estimated to be around SGD24 million. The sub contract was governed by the FIDIC conditions.
> Ad hoc arbitration between main contractor and developer in a dispute caused by the termination of the main contract.
> SIAC arbitration between a shipyard and its marine engineering consultants.
> SIAC arbitration between a supplier of sea sand and its purchaser.
> Arbitration between a Chinese temple and its main contractors relating to issues of defects; delays and variations.
> SIAC Arbitration between a construction company and its sub contractors relating to works done in HDB upgrading project.
> Arbitration/ Mediation in a dispute between a construction company and National Parks Board relating to the upgrading of the Botanic Gardens.
> Arbitration between main contractor and its ACMV sub contractor in the Jurong Sports Complex Project. The dispute was settled after close of pleadings.
> Arbitration under UNCITRAL rules between local engineering company and global MNC relating to the construction of a switchroom on an oil platform.
> Arbitration against the main contractor in disputes relating to the Changi Airport Terminal 3 Project. The dispute involved issues relating to the formation and interpretation of contractual terms; claims for acceleration and loss and expense.
> Arbitration arising from dispute in an employment contract.
> Cross border arbitration regarding defective design of elevators in a warehouse building and other ancillary claims. The case involved complex mechanical and electrical issues and required several expert witnesses.
> Arbitration between the main contractors and Sentosa Development Corporation in a dispute arising from the construction of the Sentosa Ferry Terminal.
> Malaysian arbitration regarding allegations of improper design causing collapse of open cut slopes and other ancillary claims.
> Arbitration between the main contractor and the developer of a condominium involving issues of delays and extensions of time.
COURT
These are some of the reported cases in which I have been involved.
DSL Integrated Solutions Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221
Phua Kiah Mai v The Kheng Chiu Tin Hou Kong and Burial Ground [2022] SGHC 36
FT Plumbing Construction Pte Ltd v Authentic Builder Pte Ltd [2018] SGCHR 03
MCST 3322 (The Sea View) v Mer Vue Developments & Ors [2016] SGHC 38 >
Aik Heng Contracts & Services Pte Ltd v Deshin Engineering & Construction Pte Ltd [2015] SGHC 293 >
Choi Peng Kum v Tan Poh Eng Construction Pte Ltd [2013] SGHC 272; [2013] SGHCR 19 >
Manikam Sankar v Selvaraj Madhavan And Ors [2012] SGHC 99
Engineering Construction Pte Ltd v Sanchoon Builders Pte Ltd [2010] SGHC 293 >
Re Soh Seow Poh, ex parte Hong Leong Bank Bhd [2009] 2 SLR 35 (High Court); [2009] SGCA 37 (Court of Appeal).
Tiong Seng Contractors Pte Ltd v Chuan Lim Construction Pte Ltd [2007] 4 SLR 364 >
Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] SGCA 37 >
Resource Piling Pte Ltd v Geocon Piling & Engineering Pte Ltd and Another [2006] SGHC 134
Schindler Lifts (Singapore) Pte Ltd v Kajima Overseas Asia Pte Ltd (The Overseas Assurance Corp Ltd, Third Party) [2005] SGDC 51
BRC Asia Limited v Wan Soon Construction Pte Ltd [2004] SGDC 178
Jurong Engineering Ltd v. Paccan Building Technology Pte Ltd [1999] SGCA 48; [1999] 3 SLR 667
OCWS Logistics Pte Ltd v. Soon Meng Construction Pte Ltd [1999] 2 SLR 376
Tan Thuan Seng & 2 Ors v UMBC Insurans Sdn Bhd [1998] 1 SLR 887
DP Computers Pte Ltd v Ateme Technologies (S) Pte Ltd[1998] SGHC 254
Saravanan A/L Krishnan v. Liang Huat Aluminium Ltd [1998] SGHC 81
Raymond Construction Pte Ltd v. Low Yang Tong [1997] SGHC 262
DSL Integrated Solutions Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221
Phua Kiah Mai v The Kheng Chiu Tin Hou Kong and Burial Ground [2022] SGHC 36
FT Plumbing Construction Pte Ltd v Authentic Builder Pte Ltd [2018] SGCHR 03
MCST 3322 (The Sea View) v Mer Vue Developments & Ors [2016] SGHC 38 >
Aik Heng Contracts & Services Pte Ltd v Deshin Engineering & Construction Pte Ltd [2015] SGHC 293 >
Choi Peng Kum v Tan Poh Eng Construction Pte Ltd [2013] SGHC 272; [2013] SGHCR 19 >
Manikam Sankar v Selvaraj Madhavan And Ors [2012] SGHC 99
Engineering Construction Pte Ltd v Sanchoon Builders Pte Ltd [2010] SGHC 293 >
Re Soh Seow Poh, ex parte Hong Leong Bank Bhd [2009] 2 SLR 35 (High Court); [2009] SGCA 37 (Court of Appeal).
Tiong Seng Contractors Pte Ltd v Chuan Lim Construction Pte Ltd [2007] 4 SLR 364 >
Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] SGCA 37 >
Resource Piling Pte Ltd v Geocon Piling & Engineering Pte Ltd and Another [2006] SGHC 134
Schindler Lifts (Singapore) Pte Ltd v Kajima Overseas Asia Pte Ltd (The Overseas Assurance Corp Ltd, Third Party) [2005] SGDC 51
BRC Asia Limited v Wan Soon Construction Pte Ltd [2004] SGDC 178
Jurong Engineering Ltd v. Paccan Building Technology Pte Ltd [1999] SGCA 48; [1999] 3 SLR 667
OCWS Logistics Pte Ltd v. Soon Meng Construction Pte Ltd [1999] 2 SLR 376
Tan Thuan Seng & 2 Ors v UMBC Insurans Sdn Bhd [1998] 1 SLR 887
DP Computers Pte Ltd v Ateme Technologies (S) Pte Ltd[1998] SGHC 254
Saravanan A/L Krishnan v. Liang Huat Aluminium Ltd [1998] SGHC 81
Raymond Construction Pte Ltd v. Low Yang Tong [1997] SGHC 262
TEACHING & SPEAKING
April, August and October 2022
Trainer at BCA Academy for course "Understanding the Applying the Public Sector Standard Conditions of Contract"
May 2018
Guest speaker at the Singapore Structural Steel Society's AGM - “SOPA in 45: What You Need To Know In 45 Mins”
Mar - Apr 2015
Speaker at Infinite Academy's seminar on two topics - (1) Delays and Disruptions In Engineering & Construction Contracts and (2) Understanding the Singapore Institute of Architects' Articles and Conditions of Building Contract.
2013 - 2014
Part time lecturer for Building Law at the BCA Academy of the Built Environment
May 2010
Speaker at Singapore Institute of Building’s seminar entitled “Understanding the Payment Claim and Adjudication Process”
2005
Speaker at Lexis Nexis conference on Drafting and Managing Commercial Contracts. Topic: Remedies for Breach of Contract.
2001
Co-speaker at Building Construction Authority’s seminar on Online Security and Legal Issues For E-Collaboration & E-Procurement. Topic: Legal Issues in E-Collaboration In Building Contracts.
1998
Speaker at seminar on Construction Claims in Design and Build Contracts. Topic: Legality of Delay and Disruption Claims
1998
Speaker at seminar on The Public Sector, Private Sector and International Conditions of Construction Contracts. Topic: Identifying the various differences between Private, Public and International Conditions of Contract.
1998
Speaker at seminar on the Legal Implications of Design and Build Contracts. Topic: Contractual, Legal and Financial Implications in Design and Build Contracts.
1997 – 1999
Speaker/ Tutor at the Singapore Contractors Association Ltd biannual series of lectures. Topics: The legal aspects of the Singapore Institute of Architects’ Standard Conditions of Main Contract; Singapore Institute of Architects’ Standard Conditions of Sub Contract; and The Public Sector Conditions of Contract
Trainer at BCA Academy for course "Understanding the Applying the Public Sector Standard Conditions of Contract"
May 2018
Guest speaker at the Singapore Structural Steel Society's AGM - “SOPA in 45: What You Need To Know In 45 Mins”
Mar - Apr 2015
Speaker at Infinite Academy's seminar on two topics - (1) Delays and Disruptions In Engineering & Construction Contracts and (2) Understanding the Singapore Institute of Architects' Articles and Conditions of Building Contract.
2013 - 2014
Part time lecturer for Building Law at the BCA Academy of the Built Environment
May 2010
Speaker at Singapore Institute of Building’s seminar entitled “Understanding the Payment Claim and Adjudication Process”
2005
Speaker at Lexis Nexis conference on Drafting and Managing Commercial Contracts. Topic: Remedies for Breach of Contract.
2001
Co-speaker at Building Construction Authority’s seminar on Online Security and Legal Issues For E-Collaboration & E-Procurement. Topic: Legal Issues in E-Collaboration In Building Contracts.
1998
Speaker at seminar on Construction Claims in Design and Build Contracts. Topic: Legality of Delay and Disruption Claims
1998
Speaker at seminar on The Public Sector, Private Sector and International Conditions of Construction Contracts. Topic: Identifying the various differences between Private, Public and International Conditions of Contract.
1998
Speaker at seminar on the Legal Implications of Design and Build Contracts. Topic: Contractual, Legal and Financial Implications in Design and Build Contracts.
1997 – 1999
Speaker/ Tutor at the Singapore Contractors Association Ltd biannual series of lectures. Topics: The legal aspects of the Singapore Institute of Architects’ Standard Conditions of Main Contract; Singapore Institute of Architects’ Standard Conditions of Sub Contract; and The Public Sector Conditions of Contract
PUBLICATIONS
2019
Author, "What a Difference a Day Makes - When Does the Time for Lodging an Adjudication Application Start and End", Tan Joo Seng, [2019] SAL Prac 29 journalsonline.academypublishing.org.sg/Journals/SAL-Practitioner/Construction-and-Infrastructure
2018
Contributor, “Chow Kok Fong, Law and Practice of Construction Contracts in Singapore, Lexis Nexis, 5th Edition”
2014
Contributor, “Chow Kok Fong, The Singapore Developers Design and Build Contract, Commentary on the REDAS Design and Build Conditions of Contract, lexis Nexis, 3rd Edition”
2006 - 2015
Joint updating editor for Atkin’s Court Forms-Singapore, LexisNexis from 2006 to 2015.
Wrote and contributed the following chapters for Atkin’s Court Forms-Singapore, LexisNexis:-
- Mortgagee Actions (Issue 2: May 2007)
- Probate & Family Provision (Issue 3 : Aug 2007)
- Bankruptcy (Issue 7 : May 2008)
- Taxation of Bill of Costs (Issue 8 : Aug 2008)
- Electronic Filing & Service (Issue 10 : Dec 2008)
- Adoption (Issue 13 : Aug 2010)
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