Kevin practises in the fields of public international law, international arbitration, and commercial litigation. He is qualified in England and Wales and in Singapore, and has active rights of audience at all levels of the courts in both jurisdictions.
Kevin has significant experience acting in proceedings before international courts and tribunals, and in an international and politically sensitive context. He has been involved as counsel in matters before the International Court of Justice, International Tribunal for the Law of the Sea, UNCLOS Annex VII tribunals, investor-State tribunals, and in inter-State mediation. He has also been appointed as legal adviser or expert by the Council of Europe, ASEAN, SAARC, the Commonwealth Secretariat, and the Energy Community Secretariat on arbitration, energy, natural resources, oceans, trade and international dispute settlement.
In arbitration, Kevin has been instructed as counsel across the full spectrum of inter-State, investor-State and commercial arbitrations. He has been instructed on a significant number of arbitration matters involving ICSID, PCA, SIAC, LCIA, DIAC, HKIAC, ICC, UNCITRAL, ECT and ad hoc arbitration frameworks, and across different jurisdictions such as England and Wales, United States, The Hague, Singapore, Hong Kong, and Luxembourg. These matters have involved a broad range of sectors including oil and gas, energy, telecommunications, mining, commodities, banking and finance, manufacture and licensing, private equity, distribution, logistics, cryptocurrency, technology, infrastructure, and engineering.
In domestic proceedings, Kevin is equally comfortable appearing as counsel in both a trial and appellate setting. He has been engaged in high-stakes disputes proceedings in both England and Singapore (including before the Singapore International Commercial Court), across a variety of legal subject matters. This has included acting in a USD 30 million contractual and civil fraud claim arising out of cross-border private equity investments, to a USD 20 million construction and engineering dispute, to a joint venture dispute arising out of a USD 740 million infrastructure and healthcare project.
Alongside his work as counsel, Kevin has taught international dispute settlement, law of the sea, international investment law and international arbitration as Visiting Professor at Zhejiang University, Lecturer at the Sorbonne-Assas International Law School, Adjunct lecturer at the National University of Singapore, and sessional lecturer at the University of Campania “Luigi Vanvitelli”.
Kevin holds law degrees from the National University of Singapore and the University of Cambridge. He accepts appointments as counsel and arbitrator.
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Example cases
- Counsel to the United Arab Emirates in Obligations of States in respect of Climate Change before the International Court of Justice.
- Counsel to the United Arab Emirates in Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem before the International Court of Justice.
- Counsel to Italy in The Enrica Lexie Arbitration (Italy v. India) (UNCLOS Annex VII dispute in the Permanent Court of Arbitration).
- Counsel to Italy in ITLOS Case No. 24: The “Enrica Lexie” Incident (Italy v India), (International Tribunal for the Law of the Sea)
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- ICSID Case No. ARB/24/15: Spentech Engineering Limited v. United Arab Emirates: Counsel to the Respondent in an investment treaty dispute arising out of the construction and infrastructure industry.
- ICSID Case No. ARB/19/14: Impresa Pizzarotti & C. S.p.A. v. Kingdom of Morocco: Counsel to the Claimant in an investment treaty dispute arising out of the construction and infrastructure industry.
- Surfeit Harvest Investment Holdings v. Taiwan, Republic of China (UNCITRAL rules): Counsel to the Claimant in an investment treaty dispute in the banking and finance sector.
- Hazim Nada and Lord Energy SA v. the United Arab Emirates and Others (Washington DC, Case No. 24-CV-00206): Legal adviser to the United Arab Emirates on public international law and international litigation. Quantum in dispute is USD 2.8 billion.
- Counsel in six SIAC arbitrations relating to a private equity investment dispute spanning US and Cambodia
- Counsel in a USD 20 million contractual dispute arising out of an aborted infrastructure project concerning the construction of 2 hotels, a shopping centre, a convention centre and an office tower in Malaysia.
- Counsel to a Dutch logistics company in a USD 16 million dispute against a Vietnamese company arising out of the damage to heavy machinery at sea while being deployed on a Wind Turbine project off the Mekong Delta.
- Legal adviser in a dispute arising out of a USD 260 million State infrastructure and transport project.
- Legal adviser in a dispute arising out of an USD 740 million State infrastructure and healthcare project.
Public international law / Inter-State disputes
- Counsel to the United Arab Emirates in Obligations of States in respect of Climate Change before the International Court of Justice.
- Counsel to the United Arab Emirates in Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem before the International Court of Justice.
- Counsel to Italy in The Enrica Lexie Arbitration (Italy v. India) (UNCLOS Annex VII dispute in the Permanent Court of Arbitration).
- Counsel to Italy in ITLOS Case No. 24: The “Enrica Lexie” Incident (Italy v India), (International Tribunal for the Law of the Sea)
- The Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) (Permanent Court of Arbitration): Assistant to the tribunal at the PCA
- The Indus Waters Kishenganga Arbitration (Pakistan v. India) (Permanent Court of Arbitration): Treaty dispute concerning the interpretation of the Indus Waters Treaty and the Kishenganga hydroelectric power plant. (As assistant to the tribunal at the PCA).
- Counsel to a State mediating an inter-State maritime boundary dispute.
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- Hazim Nada and Lord Energy SA v. the United Arab Emirates and Others (Washington DC, Case No. 24-CV-00206): Legal adviser to the United Arab Emirates on public international law and international litigation. Quantum in dispute is USD 2.8 billion.
- Counsel in litigation proceedings concerning the interpretation and application of a Singapore-China treaty.
- Legal adviser on legal and strategic issues of public international law and immunities in 8 State-to-State domestic proceedings before foreign courts.
- Counsel to States in several domestic proceedings pending before the English Courts concerning public international law and immunities.
- Legal adviser to SAARC on public international law, arbitration, and dispute settlement matters for the South Asian States (India, Bangladesh, Bhutan, the Maldives, Nepal, Pakistan, Afghanistan and Sri Lanka).
- Legal Adviser to ASEAN on arbitration and dispute resolution matters for the ASEAN Member States (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam).
- Legal adviser to ASEAN on the harmonisation of international law and competition policy in ASEAN Member States.
- Advising several States on treaty issues pertaining to energy sharing and cooperation, and regional electricity trading.
- Developing and drafting a model treaty / dispute settlement mechanism between several States for cross-border energy cooperation.
- Legal adviser in a matter concerning the financing of terrorism and human rights violations by a military coup regime.
- Legal adviser to an individual on matters of international criminal law, Interpol red notices and diffusions, extradition treaties and mutual legal assistance obligations in respect of the Republic of Singapore and the Russian Federation.
- Legal adviser on matters under the United Nations Convention against Corruption and United Nations Convention against Transnational Organised Crime.
- Roster of Experts for the Commonwealth Secretariat for its Trade, Oceans and Natural Resources Advisory Directorate.
- Roster of Experts for the Energy Community Secretariat on Trade Law, Arbitration and Dispute Settlement for the Energy Community States of the European Union.
Investment treaty arbitration
- ICSID Case No. ARB/24/15: Spentech Engineering Limited v. United Arab Emirates: Counsel to the Respondent in a dispute in the construction and infrastructure sector
- ICSID Case No. ARB/19/14: Impresa Pizzarotti & C. S.p.A. v. Kingdom of Morocco: Counsel to the Claimant in a dispute in the construction and infrastructure sector
- Advising a State in an investor-State dispute under the OIC Investment Agreement (confidential).
- Advising a State in an investor-State dispute with investors (confidential). Construction and infrastructure industry.
- Advising a State in an investor-State dispute with a Southeast Asian company (confidential). Construction and infrastructure industry.
- Advising an investor in an investor-State dispute against a Southeast Asian State (confidential). Manufacturing and flour production industry.
- Surfeit Harvest Investment Holdings v. Taiwan, Republic of China (UNCITRAL rules): Counsel to the Claimant in an investment treaty dispute in the banking and finance sector.
- ICSID Case No. ARB/16/24: ČEZ, a.s. v. Republic of Bulgaria. Investment treaty dispute arising out of the electricity generation and energy sector (assisting Lord Verdirame KC).
- PCA Case No. 2012-12: Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia (UNCITRAL rules): Dispute arising from Australia’s enactment of tobacco plain packaging legislation and intellectual property rights in Australia. (As assistant to the tribunal at the PCA).
- PCA Case No. 2012-16: Murphy Exploration & Production Company – International v. The Republic of Ecuador (UNCITRAL arbitration). Dispute arising from the oil & gas industry. (As assistant to the tribunal at the PCA).
- An investment treaty dispute between an investment company and an ASEAN State in the gaming industry. (As assistant to the tribunal at the PCA).
- PCA Case No. 2013-23: Tenoch Holdings Limited & Ors v. The Republic of India (UNCITRAL rules). Dispute arising from the withdrawal of licence approvals in the telecommunications industry. (As assistant to the tribunal at the PCA).
- Two investment treaty disputes pursuant to the Energy Charter Treaty arising out of the oil & gas industry. (As assistant to the tribunal at the PCA).
- EDF International S.A. (France) v. Republic of Hungary (UNCITRAL rules): Dispute arising from the termination of long-term power purchase agreements relating to investments in the electricity generation sector. (As assistant to the tribunal at the PCA).
Commercial arbitration
- Counsel in an ad hoc arbitration between a Malaysian construction developer and a global consultancy company.
- Counsel in an SIAC arbitration between an Australian company and a NASDAQ-listed company in a tech dispute arising out of a SaaS contract.
- Counsel to an American company in a potential SIAC arbitration arising out of a tech dispute against one of the world’s largest payment software companies.
- Counsel to an Indonesian company in a potential SIAC arbitration arising out of a commodities dispute with a Singapore company.
- Counsel to a Dutch company in a potential SIAC arbitration arising out of a logistics dispute with a Vietnamese company.
- Legal adviser to the Council of Europe on reforms to the arbitration regime of Armenia.
- Counsel in an SIAC arbitration arising out of the telecommunications industry.
- Counsel in six SIAC arbitrations relating to civil fraud in a private equity investment dispute spanning US and Cambodia.
- Counsel to a Russian high net worth individual in a potential HKIAC arbitration involving civil fraud in the use of a bitcoin gambling platform domiciled in Curaçao.
- Counsel to a Singapore manufacturing and textiles company in a potential LCIA arbitration against one of the world’s largest sports brands.
- Counsel to a Vietnam listed steel company in a potential SIAC arbitration against a subsidiary of one of India’s largest steel companies regarding the sale / trading of commodities.
- Acting for an international distributor in an SIAC arbitration arising from a contractual dispute against one of the world’s largest apparel brands.
- Counsel to a Taiwan-listed company in an SIAC arbitration in a wind turbine dispute spanning Taiwan, Singapore, Hong Kong and Luxembourg.
- Counsel to a Chinese manufacturer in a potential SIAC arbitration arising out of a logistics dispute with a German list-co.
- Arbitration arising out of a dispute between Italian and Indian parties in the construction sector, administered in accordance with ICC rules (As tribunal secretary to a leading arbitrator).
Commercial litigation
In commercial litigation, Kevin frequently acts in high value disputes and is often instructed on matters with complex cross-border or multi-jurisdictional elements. He has full rights of audience at all levels of the English and Singapore courts, and he has been engaged as counsel in a broad range of commercial cases including the following:
- Counsel to a Singapore-listed Property Developer in a dispute concerning the construction and sale of a USD 200 million condominium.
- Counsel to a Hong Kong MNC in a dispute concerning civil fraud relating to the procurement of performance bonds.
- Counsel to one of the world’s largest dye companies in a USD 37 million dispute concerning the breach of an international supply agreement.
- Counsel in an equity and trust dispute over the legal and beneficial ownership of 122 gold bars and the enforcement of judgment in Singapore and Hong Kong.
- Counsel to a Chinese investor in a USD 30 million dispute concerning fraudulent misrepresentation and breach of contract arising out of a private equity investment in the healthcare industry.
- Counsel in a joint venture dispute (parties from Brazil, Singapore, and Indonesia) arising out of a USD 16 million real estate investment.
- Counsel in a dispute arising out of the aviation industry concerning conspiracy, breach of fiduciary duties and inducement of breach of contract.
- Counsel in a civil fraud and asset tracing claim concerning the fraudulent transfer of assets and properties amounting to more than USD 30 million.
- Counsel to a Chinese high net worth individual in a dispute concerning minority oppression, breach of contract and breach of a joint venture agreement in the manufacturing industry.
- Counsel to one of Asia’s largest financial advisory companies in an investment advisory, professional negligence, and vicarious liability dispute.
- Counsel in a USD 20 million contractual dispute arising out of an aborted infrastructure project concerning the construction of 2 hotels, a shopping centre, a convention centre and an office tower in Malaysia.
- Counsel to a Dutch logistics company in a USD 16 million dispute against a Vietnamese company arising out of the damage to heavy machinery at sea while being deployed on a Wind Turbine project off the Mekong Delta.
- Legal adviser in a cross-border investment fraud investigation (Germany, Singapore, Korea) concerning issues of breach of contract, equity and trust, conspiracy, misrepresentation, breach of fiduciary duties, and breach of financial regulations.
- Kevin practises in London as a barrister at Twenty Essex (regulated by the Bar Standards Board), and in Singapore from the sole proprietorship Kevin SY Lee (UEN No. 53460481A). He has full rights of audience before all levels of the English and Singapore courts. A list of Kevin’s cases before the Singapore Courts can be found here.
Civil fraud
- Counsel in six SIAC arbitrations relating to civil fraud in a private equity investment dispute spanning US and Cambodia.
- Counsel to a Russian high net worth individual in a potential HKIAC arbitration involving civil fraud in the use of a bitcoin gambling platform domiciled in Curaçao.
- Counsel to a Hong Kong MNC in a dispute concerning civil fraud relating to the procurement of performance bonds.
- Counsel to a Chinese investor in a USD 30 million dispute concerning fraudulent misrepresentation and breach of contract arising out of a private equity investment in the healthcare industry.
- Counsel in a civil fraud and asset tracing claim concerning the fraudulent transfer of assets and properties amounting to more than USD 30 million.
- Legal adviser in a cross-border investment fraud investigation (Germany, Singapore, Korea) concerning issues of breach of contract, equity and trust, conspiracy, misrepresentation, breach of fiduciary duties, and breach of financial regulations.
Construction and infrastructure
- Counsel in an ad hoc arbitration between a Malaysian construction developer and a global consultancy company.
- Counsel to a Singapore-listed Property Developer in a dispute concerning the construction and sale of a USD 200 million condominium.
- Counsel in a USD 20 million contractual dispute arising out of an aborted infrastructure project concerning the construction of 2 hotels, a shopping centre, a convention centre and an office tower in Malaysia.
- Legal adviser in a dispute arising out of the construction of a USD 260 million State infrastructure and transport project (underground train stations).
- Legal adviser in a dispute arising out of the construction USD 740 million State infrastructure and healthcare project.
- Legal adviser in a dispute arising out of the construction of an inter-State hydroelectric project in South Asia.
- Arbitration arising out of a dispute between Italian and Indian parties in the construction sector, administered in accordance with ICC rules (As tribunal secretary to a leading arbitrator).
- ICSID Case No. ARB/24/15: Spentech Engineering Limited v. United Arab Emirates: Counsel to the Respondent in a dispute in the construction and infrastructure sector
- ICSID Case No. ARB/19/14: Impresa Pizzarotti & C. S.p.A. v. Kingdom of Morocco: Counsel to the Claimant in a dispute in the construction and infrastructure sector
- Advising a State in an investor-State dispute with investors (confidential). Construction and infrastructure industry.
- Advising a State in an investor-State dispute with a Southeast Asian company (confidential). Construction and infrastructure industry.
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
State-owned entities and State commercial projects
Given his experience at a confluence of international law, State disputes, and commercial law, Kevin is also frequently engaged as counsel / legal adviser on contentious matters concerning State projects and State entities. Selected work examples (excluding matters already included above under public international law and arbitration) include the following:
- Legal adviser in a dispute arising out of a USD 260 million State infrastructure and transport project.
- Legal adviser in a dispute arising out of an USD 740 million State infrastructure and healthcare project.
- Legal adviser to a State-owned entity in a matter concerning a USD 50 million State waste treatment and waste disposal facility.
- Legal adviser in a joint venture dispute arising out of a State oil and gas refinery project in an ASEAN State.
- Legal adviser in a shareholder / joint venture dispute arising out of an inter-State hydroelectric project in South Asia.
- Legal adviser in State debarment proceedings before the Standing Committee for Debarment in respect of a State infrastructure project in Singapore.
- Legal adviser to a State-owned entity on alternative dispute resolution issues pertaining to an ASEAN State.
Energy and natural resources
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- The Indus Waters Kishenganga Arbitration (Pakistan v. India) (Permanent Court of Arbitration): Treaty dispute concerning the interpretation of the Indus Waters Treaty and the Kishenganga hydroelectric power plant. (As assistant to the tribunal at the PCA).
- Advising several States on treaty issues pertaining to energy sharing and cooperation, and in particular in regional electricity trading.
- Developing and drafting a model treaty / dispute settlement mechanism between several States for cross-border energy cooperation.
- Appointed to the Roster of Experts by the Commonwealth Secretariat for its Trade, Oceans and Natural Resources Advisory Directorate.
- Appointed to the Roster of Experts by the Energy Community Secretariat on Trade Law, Arbitration and Dispute Settlement for the Energy Community States of the European Union.
- ICSID Case No. ARB/16/24: ČEZ, a.s. v. Republic of Bulgaria. Investment treaty dispute arising out of the electricity generation and energy industry (assisting Lord Verdirame KC).
- PCA Case No. 2012-16: Murphy Exploration & Production Company – International v. The Republic of Ecuador (UNCITRAL arbitration). Dispute arising from the oil & gas and energy industry. (As assistant to the tribunal at the PCA).
- Two investment treaty disputes pursuant to the Energy Charter Treaty arising out of the oil industry. (As assistant to the tribunal at the PCA).
- EDF International S.A. (France) v. Republic of Hungary (UNCITRAL rules): Dispute arising from the termination of long-term power purchase agreements relating to investments in the electricity generation sector. (As assistant to the tribunal at the PCA).
- Counsel to a Taiwan-listed company in an SIAC arbitration in a wind turbine dispute spanning Taiwan, Singapore, Hong Kong and Luxembourg.
- Legal adviser to a State-owned entity in a matter concerning a USD 50 million State waste treatment and waste disposal facility.
- Legal adviser in a joint venture dispute arising out of a State oil and gas refinery project in an ASEAN State.
- Legal adviser in a shareholder / joint venture dispute arising out of an inter-State hydroelectric project in South Asia.
