Drew & Napier - Partners' Profiles

Mr Yim’s practice covers a broad spectrum of Civil & Commercial Litigation and Arbitration. He has acted as Counsel in numerous international and domestic arbitrations under Singapore International Arbitration Centre (“SIAC”) Rules (both Domestic and International Rules), International Chamber of Commerce (“ICC”) Rules and UNCITRAL Rules and as arbitrator.

Experience

Mr Yim has handled a number of High Court trials and appeals before the Court of Appeal, the highest court in the Republic of Singapore. A sampling of his appearances before the Court of Appeal are as follows:

[2008] SGCA 37 – Chow Kwok Chuen v Chow Kwok Chi and Another: An appeal against the winding-up of a company pursuant to Section 254(1)(i) of the Companies Act (Cap 50) on grounds that it was just an equitable.
[2007] 3 SLR 86 – Soh Beng Tee & Co Pte Ltd v Fairmount Development Pte Ltd: An appeal against the decision of an arbitration award on the basis that it contravened the rules of natural justice.
[2006] 1 SLR 901/ [2006] SGCA 1 – Asian Corporate Services (SEA) Pte Ltd v Eastwest Management Ltd (Singapore Branch): An appeal against the decision of the High Court in setting aside an Anton Piller Order.
[2006] 3 SLR 827 / [2006] SGCA 23 – Sim Yong Kim v Evenstar Investments Pte Ltd: An appeal against the decision of the High Court in dismissing the appellant’s petition to wind up the respondent on “just and equitable” ground under s 254(1)(i) of the Companies Act (Cap 50).
[2004] 4 SLR 574 / [2004] SGCA 44 – Romar Positioning Equipment Pte Ltd v Merriwa Nominees Pty Ltd: An appeal against the decision of the High Court that the signing and forwarding of a Deed was not condition precedent to the obligation to pay under the Deed.
[2000] 1 SLR 401 / [1999] SGCA 88 – Hunter Manufacturing Pte Ltd and Anor v Soundtex Switchgear & Engineering Pte Ltd (Appeal No: 1): An appeal on the infringement of Registered Design, locus standi and the defences of acquiescence, waiver and estoppel.
[2000] 1 SLR 385 / [1999] SGCA 90 – Chew Kong Huat and Others v Ricwil (Singapore) Pte Ltd: An appeal on the principles of preventing double recovery when assessing damages, directors breach of fiduciaries duties under Section 157(1) Companies Act (Cap 50) and tort of conspiracy.
[2000] 3 SLR 145 / [2000] SGCA 29 – Super Coffeemix Manufacturing LTd v Unico Trading Pte Ltd: An appeal against the decision of the High Court in dismissing an action for infringement of trade mark and/or passing off.
[1998] 1 SLR 234 / [1997] SGCA 49 – Soon Peck Wah v Woon Che Chye: An appeal against the decision of the High Court in dismissing an application for the custody of a child.
[1996] 1 SLR 113 / [1995] SGCA 79 – RSP Architects Planners & Engineers v Ocean Front PTe Ltd and Anor Appeal: An appeal on the issue of whether a Management Corporation was competent to institute and maintain an action in its own name and whether a Management Corporation was barred from claiming for pure economic loss.

Mr Yim’s experience in international arbitration ranges from disputes concerning energy projects, building construction, pharmaceutical contracts, distributorship agreements and joint-venture contracts of various kinds. Some of his notable and successful arbitration cases include:-

Presently acting for a Norwegian corporation in an arbitration to recover approximately US$18 million in damages resulting from a marine accident in the South China Sea.
Appointed as an ICC sole arbitrator in a construction dispute governed by Thai law and the seat of arbitration being Bangkok between two Thai companies in connection with a development project in Bangkok.
Presently acting for a Japanese corporation in a multi-million dispute between joint-venture partners over the sale and implementation of energy management systems to State Electricity Boards in India governed by ICC Rules. The claims include allegations of fraud, misrepresentation, misuse/conversion of intellectual property and loss of opportunity. The Joint Venture Agreement is governed by Japanese law.
Presently acting for a Japanese corporation in a joint-venture dispute with a Hong Kong public-listed corporation over solid waste disposal systems and incineration plants where the claims exceeds US$10 million and the contract is governed by Japanese law.
Defending a Malaysian conglomerate in a multi-million dollar dispute over the design, installation and commissioning of a steam boiler in Thailand. The ICC arbitration involves issues of commissioning, emission standards, breach of contract and negligence, the contract being governed by Thai law.
Acted for a Malaysian Government Link Company that is advancing claims against its Chinese joint venture partner for breaches of a US$45 million joint venture agreement in the heavy industry sector. This is a unique case, involving issues relating to the Chinese national policy for the entry of foreign investment in a predominantly Chinese industry.
Acted for a company involved in an oil-rigging dispute off the coast of Terengganu, Malaysia. This is a multiple-party arbitration case governed by Malaysian law.
A $20 million Singapore dollar dispute over the collapse of a cement silo in Singapore arbitrated under SIAC Domestic Rules involving issues of negligence, novus actus interveniens and damages for notional repair. This case included 2 appeals to the Court of Appeal (allowed under SIAC Domestic Rules), which were both successfully argued by Mr Yim – [2004] 4 SLR 353 / [2004] SGCA 40 – Salcon Ltd v United Cement Pte Ltd.
Acted for a company in a multi-million dollar dispute over the construction and delivery of boilers for a power plant project in Thailand. The arbitration was governed by the ICC Rules and it involved issues of build-to-order specifications, international product & material safety standards and the right to reject delivery governed by Thai law.
Advised on a US$200 million dispute over the construction and launch into orbit of a telecommunications satellite under UNCITRAL Rules. The dispute involved issues of delay, recission of contract and force majeure due to inter alia a United States Department of State Public Notice prohibiting the launch of U.S. satellites by rockets from the People’s Republic of China which was amicably settled.
Advised on a US$60 million dispute over the construction of a power plant in Thailand arbitrated under ICC Rules involving allegations of force majeure as a result of the 1997 Asian Financial Crisis, fraud in the tender process and time bar. The dispute was amicably resolved.
Defended a US$10 million claim over the licensing of data gathering & retrieval software arbitrated under ICC Rules involving issues of fraudulent misrepresentation and anticipatory breach governed by Thai law.
Defended a software copyright owner in a multi-million dollar claim by a mainland Chinese distributor of the most successful MMORPG (Massively Multi-Player Online Role Playing Game) in the People’s Republic of China (with 70 million registered players). The arbitration was governed by Korean law and arbitrated under ICC Rules and it involved jurisdictional issues of incorporation of arbitration clauses, estoppel, cross claims by one Respondent against another and the effect of parallel lawsuits commenced by the parties on similar issues.
Appointed as an ICC arbitrator in a multi-million dollar dispute governed by Sri Lankan law between a state owned enterprise in Sri Lanka with a monopoly in bunker supply to vessels and a commercial bunker supplier involving jurisdictional issues on the arbitration agreement, estoppel and time bar as well as substantive issues on remoteness of damages and the duty to mitigate losses.
Presently acting for a Chinese multi-national company in relation to a claim arising out of the breach of a sale & purchase agreement against an Indian supplier of iron ore under the SIAC Rules.
Appointed as an ICC arbitrator in a Thai law contract dispute, with the seat of arbitration in Kuala Lumpur, between a Thai company and a German company on the leasing of an equipment system in connection with a construction project in Munich, Germany.