Clarence Lun

Clarence Lun

Managing Director, Head of Dispute Resolution and International Arbitration

Phone:

+65 84283416

Email:

clarencelun@ferventchambers.com

Experience:

20+ years

Languages:

English, Chinese, Hokkien, Cantonese

About

Clarence is the Founder of Fervent Chambers LLC. Prior to setting up Fervent Chambers LLC, Clarence has held the role of Group General Counsel at 2 major listed oil and gas companies in Singapore. Clarence returned to private practice and practiced at the dispute resolution department of an international law firm and a couple of leading local law firms before he subsequently set up Fervent Chambers LLC.

Clarence has extensive experience working on shipping, oil and gas, engineering, construction and infrastructure project disputes. In recent times, given his sectorial exposure to the offshore maritime industry and the downturn, Clarence has actively been involved in oil and gas, offshore energy and maritime disputes as well as insolvency related claims. Clarence is constantly instructed by liquidators and judicial managers to advise the liquidators and judicial managers on discharge on their duties as well as claims relating to breaches of fiduciary duties, unfair preference and undervalue transactions.

Arising from recognition on the arbitration, commercial and insolvency work undertaken by Clarence, Clarence has been featured in global arbitration review and global restructuring review. Having graduated with a double degree in law and science (biological science), Clarence also has a keen interest in medical negligence as well as matters relating to administrative law that has gained publicity.

Notable cases

Construction, Oil and Gas

  • Acted in 6 ad-hoc arbitrations relating to offshore oil and gas disputes for total quantum in excess of USD $300million against an Indian national oil and gas company governed under Indian law governed in ad-hoc arbitration. Issues involved delay, defects, variation orders, change orders, FEED engineering designs, concurrent delay, liquidated damages. Succeeded in obtaining arbitral awards in favour of the clients with 2 arbitrations resolved prior to hearing.
  • Acted in an offshore construction related claim of around USD 8 million against an Asian offshore services company in an SIAC arbitration governed under the laws of Singapore. Successfully obtained an award for the client.
  • Acted in an offshore construction related dispute governed under English Law of around USD 65 million against a leading European multi-national oil and gas company. Managed to significantly reduce the claim quantum sought for by the claimant.
  • Acted in an ICC arbitration relating to offshore construction related dispute governed under Mexico Law of around USD 14 million against a Houston based offshore services company operating in Mexico. Mexican law governed in negotiations in Houston. The matter was successfully resolved.
  • Acted in an SCMA arbitration relating to charter-party claim of around USD 4.5 million against an Asian offshore services company.
  • Acted in resisting urgent application for multiple injunctions on the calling on multi-million-dollar performance bonds by an Asian multi-national oil and gas company. Indian law governed in the courts of India.
  • Acted in the negotiation and drafting of various joint venture consortium agreements and front-end engineering and construction contracts with prominent oil and gas companies based in Indonesia, Malaysia and Belgium.
  • Acted in a RM 30mil construction claim relating to a Malaysia conglomerate on purported unlawful termination of contract and dispute with joint venture partner.
  • Acted in a USD 112mil shipbuilding building involving a Singapore listed company and Chinese shipbuilder involving issues relating to delay, defects, refund guarantee. Worked with Queen’s Counsel to draft and defend the claim.
  • Acted in a USD $170mil matter in relation to letters of support pledged by a controlling to support a listed company in relation to the purported debts arising from the sales and leaseback agreement. Issues involved include whether the Letters are enforceable at law and the legal obligations that arise under the letters.
  • Acted in a hydro-plant dispute in Oman for a Singapore-listed epc company. Issues involve whether the epc company employed modern technology and equipment in the construction of the plant.
  • Acted in a USD $7mil construction arbitration under the auspices of AIAC between a Chinese based Hong-Kong listed company and multi-national company. Issues include whether there is repudiatory breach of a contract resulting in losses and damages, or whether the services performed were satisfactory to the terms of the contract.
  • Acted in a USD $5mil construction dispute under the auspices of AIAC. Issues include whether grouting works were properly performed, and consequential damages that follow. Worked with Malaysian solicitors to obtain advice under Malaysia law and led the crafting of the strategy and drafting of the arbitral claim.
  • Acted in a SGD $1.5mil dispute between 2 construction companies under the auspices of SIAC. Issues include whether there is repudiatory breach of a contract resulting in losses and damages.
  • Successfully managed to act for an Indian conglomerate to set aside an arbitral award against a major bank in Singapore CBP v CBS [2020] SGHC 23
  • Successfully defended at Court of Appeal a case involving the setting aside of an arbitral award for breach of natural justice (CBS v CBP [2021] SGCA 4).

Insolvency

  • Acted for liquidator to advise the liquidator in his duties in relation to the liquidation of a property developer. Successfully obtained an injunction against the directors of the company, filed claims against the directors and other related companies for breach of fiduciary duties, undue preference, insolvent trading and conspiracy claims.
  • Acted as solicitors for the liquidators of an oil and gas company to investigate into the affairs of the company to prepare, consolidate and file claims against directors for breach of directors’ duties, fraudulent trading, insolvent trading, negligence of directors for USD 3-4mil. Successfully managed to obtain a resolution in favour of the liquidator
  • Acted as joint solicitors for liquidators of a resort developer that has debts of SGD $160mil at the time of liquidation. Successfully applied to the Honourable Court to approve the assignment of the causes of action that are personal to the liquidator for 3rd-party funding that is a breakthrough in litigation funding in Singapore.
  • Advising the directors of a major listed company in their personal capacity on their potential liabilities and restructuring of the company.
  • Advising creditors in relation to a ponzi scheme on recovery of claims in relation to alleged ponzi scheme. Filed claims against the directors and investigation in relation to transactions between related companies.
  • Acted for liquidator and filed a $136mil claim into the Singapore High Court against the directors of the company and related parties for breaches of fiduciary duties, undue preference, insolvent trading and conspiracy claims.
  • Advising the liquidator on the high-profile liquidation of Castlewood Group Ptd Ltd with investors having lost approximately $80mil of investments into the company.

Medical Negligence

  • Assisted lead counsel in acting for a patient in a leading reported case on breaches of duty of care by urologist and hospital.
  • Acted for a patient on breaches of duty of care by a gynecologist in relation to breaches of duty of care relating to retained placenta following caesarian surgery.
  • Acted for a patient on breaches of duty of care by a hospital for failure to comply with hospital protocol leading to death of patient.
  • Acted for a patient on breaches of duty of care by a hospital for failure to provide informed consent.

Singapore International Commercial Court

  • Successfully defended an individual listed as a Forbes billionaire against a USD $208 million claim by one of the largest banks in the world on breaches of letter of support, misrepresentation claim and breach of undertaking. Court eventually awarded a sum of USD $32mil against the client. Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] SGHC(I) 16.

Administrative Law/Defamation

  • Acted in the high-profile claim by two-time Sea Games Gold Medallist Soh Rui Yong against Singapore Athletics Association for defamation
  • Acted for Ms Wong Liang Min, 4 times Sea Games Gold Medallist in judicial review against Singapore Taekwondo Federation
  • Acted for Wayne Kwan, SEA Games Bronze Medallist against Singapore Jiu Jitsu Federation
  • Acted for Alvin Ang, Director of Operations at Singapore Brazilian Jiu Jitsu in defence of his defamatory claim by UFC Gym
  • Acted for Jeremy Choong from Paksong Coffee against Angus Leong;Dino and Dot Sugar that resulted in an amicable settlement in favour of the client
  • Acted for Qi Xiang Chicken Pot against a competitor, 8899 Pte Ltd.

Memberships/Appointments:

  • Member – Law Society of Singapore
  • Member – Singapore Academy of Law

Speaking Engagements/Articles written:

  • Participated as a panelist at the ALB SE Asia In-House Legal Summit 2017 for “Top 5 Mistakes Made When Handling Contentious Litigation Across SEA. Lessons From The Battlefield.”
  • Participated as speaker at the 4th International Litigation Legal Conference Singapore, 2020
  • Due Process of a Tribunal’s Power to ‘Gate’ Witnesses in Arbitral Proceedings— A Judicious Approach, an article by Clarence Lun on IPBA Journal (June 2020)
    Download here

News articles

Clarence Lun represents Iris Koh, the founder of anti-vaccine group Healing the Divide.
https://www.straitstimes.com/singapore/courts-crime/healing-the-divides-iris-koh-granted-bail-gets-new-charge-of-obstructing-police

https://www.todayonline.com/singapore/healing-divide-founder-iris-koh-hospitalised-sgh-after-being-warded-imh-gets-charge-upgraded-1801981

Clarence Lun represents Four-time SEA Games taekwondo champion Wong Liang Ming in dispute against Singapore Taekwondo Federation.
https://www.straitstimes.com/sport/taekwondo-stf-ex-national-coach-wong-reach-settlement-over-defamation-suit

Clarence Lun representing Mr Gan in an unfortunate accident
https://www.channelnewsasia.com/singapore/lorry-driver-jail-driving-ban-colliding-pedestrian-died-jurong-2492211

Clarence Lun represents one of Singapore’s most-trusted durian sellers Ah Seng Durian.
https://sg.news.yahoo.com/8-durian-apologises-ah-seng-durian-defamation-compensation-084110205.html

Clarence Lun represents F&B businesses Mentai-ya and The Social Outcast, and explained the definition of a defamatory review in the eyes of the law.
https://www.channelnewsasia.com/singapore/online-reviews-food-restaurants-ishiro-mentai-ya-social-outcast-2201836

https://mothership.sg/2021/09/ishiro-letters-of-demand/

Clarence Lun as lead counsel in rape case.
https://sg.news.yahoo.com/man-absconded-attempted-rape-hearing-flee-singapore-caught-013148305.html

Clarence Lun gives his viewpoint on the marine fuel market.
https://www.conventusleadership.com/post/singapore-in-pole-position-to-cash-in-on-marine-fuel-market-disruption

Clarence Lun leads team in settling 2 year dispute between SEA Games athlete Soh Rui Yong and Singapore Athletics.
https://www.straitstimes.com/sport/soh-rui-yong-and-singapore-athletics-mend-fences-over-sea-games-non-selection-saga-runner

Clarence Lun takes on defamation case, engaged by Founder of local BJJ tournament.
https://sg.news.yahoo.com/ufc-gym-singapore-sues-bjj-105246416.html

Clarence Lun represents Singapore Athletics’ (SA) former vice-president of finance and partnership, Poh Seng Song, in a dispute with SA.
https://www.straitstimes.com/sport/ex-national-sprinter-poh-axed-from-spore-athletics-vp-post-banned-from-holding-office-for-4

Clarence Lun represents Four-time SEA Games taekwondo champion Wong Liang Ming in dispute against Singapore Taekwondo Federation.
https://www.todayonline.com/singapore/legal-tussle-between-sea-games-taekwondo-champion-and-governing-body-may-be-set-resolution

Reported judgments

CBP v CBS [2020] SGHC 23
CBS v CBP [2021] 1 SLR 935; [2021] SGCA 4
Tan Ming Yew Clarence v Viking Motor Pte Ltd [2020] SGMC 13
Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] 5 SLR 21; [2020] SGHC(I) 16
Soh Rui Yong v Liew Wei Yen Ashley [2021] SGHC 96
Marina Towage Pte Ltd v Chin Kwek Chong [2021] SGHC(A) 24
Wong Leng Si Rachel v Olivia Wu Su Han [2023] SLR(StC) 648; [2022] SGDC 42
Wong Leng Si Rachel v Olivia Wu Su Han [2023] SLR(StC) 375; [2022] SGDC 150
Wong Leng Si Rachel v Olivia Wu Su Han [2022] SGHC 151
Nguyen Thuy Ha v Tran Thi Bich Ha [2022] SGDC 96
Tah Li Thong Foam Industry v Furniture & Furnishings Pte Ltd [2022] SGDC 160
On Site Car Accessories.SG (KEL Services) v Tang Mun Wah Jerry [2022] SGMC 28
On Site Car Accessories.SG (KEL Services) v Tang Mun Wah Jerry [2023] 4 SLR 592; [2022] SGHC 243
Re Castlewood Group Pte Ltd [2022] 5 SLR 741; [2022] SGHC 117
Low Eng Chai v Ishak bin Mohammed Basheere [2022] SGHC 207
DSL Integrated Solution Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221
Chia Soo Kiang v Tan Tock Seng Hospital Pte Ltd [2022] SGHC 259
The Social Outcast Pte Ltd v OSEAS Pte Ltd [2023] SGDC 34

Education

University of Western Australia

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