Michael Chan, MCIArb 陈家辉
Michael has advised and represented clients in various contentious and non-contentious matters, covering a wide spectrum of the law including arbitration, building and construction, insolvency, and family law.
While in university, Michael received the Outstanding Undergraduate Researcher Prize (Group) in 2016. Michael was also part of the team that represented Singapore in the Willem C. Vis International Commercial Arbitration Moot 2017, where the team received Honourable Mention for Claimant and Respondent Memorandums.
Work Experience
Commercial Litigation and Arbitration Practice
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Acting for an international brewery in a claim against a Myanmar entity pursuant to a multi-million dollar loan facility agreement in an international arbitration under SIAC 2016 rules seated in Singapore.
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Acted for an international brewery in a claim against a Myanmar entity pursuant to a multi-million dollar loan facility agreement in international arbitration under SIAC 2016 rules seated in Singapore.
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Acted for a multi-national health and electronics technology company in a domestic arbitration in connection with claims arising out of the construction of its flagship building in Singapore under the SIA rules.
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Acting and advising the co-founder of one of the largest crypto financial service providers.
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Advised a Washington-based investment firm focused on blockchain infrastructure in relation to claims arising from a blockchain token sale agreement in international arbitration under SIAC 2016 rules. This was a cross-border matter requiring coordination with counterpart solicitors from Seattle, Washington.
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Successfully resisted enforcement of a CIETAC award in Singapore by a Chinese entity against two Singaporeans. The matter involved the interpretation of Article 8(3) of the CIETAC Rules on deemed service.
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Acted for a United States individual in defending a claim in conspiracy for dissipating proceeds of sale of a water treatment company operating in China. This was a cross-border matter requiring coordination with counterpart solicitors from California. Successfully applied to set aside orders for service out of jurisdiction, orders for substituted service, and a Mareva injunction. This decision was reported in Shen Sophie v Xia Wei Ping and others [2022] SGHC 206.
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Acted for an investor before the Singapore International Commercial Court against an investment fund. Successfully defended a multi-million dollar claim for breach of a subscription agreement. This decision was reported in Judah Value Activist Fund v Open Faith Investment Ltd [2021] 5 SLR 114.
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Acted for a company and its related entities in their claim for licensing and franchising fees from its Indonesian franchisees and licensees. This was a cross-border matter requiring coordination with counterpart solicitors from Indonesia. Successfully defended an application to set aside orders for service out of jurisdiction and for substituted service. This decision was reported in Cosmetic Care Asia Ltd and others v Sri Linarti Sasmito [2021] SGHC 157.
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Advised a Malaysian entity in its corporate restructuring involving the ICSID Convention.
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Acted for a property developer in an appeal before the Singapore Court of Appeal in a claim against a contractor and project consultants in relation to numerous construction law issues arising out of a multi-million dollar development in Singapore’s premier research hub for biomedical sciences.
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Assisted with advising a Russian bank regarding a termination agreement governed by English law and subject to the exclusive jurisdiction of the English Court that arose out of ISDA Master Agreements between Russian and UK subsidiaries of the Russian Bank and an investment banking firm similarly governed by English law. Part of the advice required considering how the UK subsidiary would be bound by the termination agreement in light of the UK sanctions.
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Assisted with advising a Russian bank regarding the obligations of its Russian and UK subsidiaries pursuant to the terms of business governed by English law and subject to the exclusive jurisdiction of the English Court between the two subsidiaries and how their obligations have been affected by the UK sanctions.
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Assisted with advising a Russian bank in relation to the development of two business parks in Russia. These developments were funded by facility agreements governed by English law subject to SIAC arbitration where the borrower is a Cypriot entity while the owner of the land on which the business parks are developed is a Russian entity. The matter involved issues of assignment and novation regarding the Cypriot entity’s rights and obligations under the facility agreement which were affected by EU sanctions.
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Assisted with advising a Russian bank in relation to its rights pursuant to a facility agreement governed by English law subject to LCIA arbitration that was assigned to it by a UAE bank. This matter involved considering the impact of the Decree of the President of the Russian Federation No. 95 on payment obligations of Russian borrowers to lenders from unfriendly jurisdictions.
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Assisted with advising the majority shareholders of a Russian group of companies in a shareholder dispute pursuant to a joint venture agreement governed by English law subject to LCIA arbitration.
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Assisted with advising a Russian energy company in relation to several sale contracts governed by English law with some sale contracts subject to UNCITRAL and others subject to SIAC arbitration for the sale of liquefied natural gas with the Russian energy company as the supplier and several buyers.
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Assisted with advising a Russian bank in relation to a guarantee agreement by deed governed by English law and subject to the exclusive jurisdiction of the English Court signed by a guarantor in favour of an international payment system company, in respect of obligations owed by a principal debtor to the international payment system company.
Restructuring and Insolvency Practice
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Advised Court appointed receivers and managers of companies affiliated with/related to a Russian oligarch to secure US$250 million in assets in Singapore, Cyprus, Belize, and the BVI pursuant to a receivership order made in Singapore.
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Advising a creditor in the liquidation of the Envy Group of companies. This liquidation relates to the S$1.2 billion nickel-trading fraud perpetuated by Mr Ng Yu Zhi, one of the largest financial frauds in Singapore.
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Advised liquidators in the liquidation of various companies.
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Advised a United States asset management company on matters in several cross-border group of company insolvency matters, which includes companies incorporated in Singapore and Mexico.
Family Litigation Practice
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Acted for a mother, a United States individual, in a highly contentious cross-border divorce before the Family Court and the Family Division of the High Court. Provided analysis of United States financial instruments and individual retirement accounts. The matter also involved a Court-appointed expert psychologist in assessing the father’s suitability to be a primary caregiver. Successfully defended multiple applications and obtained a final relocation order and sole care and control before both Courts. This decision was reported in VJM v VJL and another appeal [2021] 5 SLR 1233.
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Acted for a mother, a Swiss individual, in a highly contentious application for maintenance. Successfully obtained a rarely granted order for backdated maintenance on appeal before the Family Division of the High Court.
Memberships
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Chartered Institute of Arbitrators – Member
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Law Society of Singapore – Member
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Singapore Academy of Law – Member
Qualifications and Education
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Advocate & Solicitor, Singapore, 2019
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Bachelor of Laws (Hons), National University of Singapore, 2018
Publications
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“The Use of Academic Scholarship in Singapore Supreme Court Judgments, 2005 - 2014”, (2015) 33 Sing L. Rev 25
家辉能在各种有争议性和无争议性的案件中为客户提供咨询和代理服务,其猎涉的法律范围甚广,例如:仲裁法、建筑和施工法、破产法和家庭法。
在大学求学期间,家辉曾于 2016 年荣获优秀本科生研究人员(团体)奖。曾经家辉也是代表新加坡参加 2017 年 Willem C. Vis 国际商事模拟仲裁的团队成员之一,该团队因原告和被告谅解备忘录获得荣誉奖。