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Nicole Kwan

Associate   |  
Advocate & Solicitor (Singapore)

Nicole’s experience covers a wide spectrum of practice areas including commercial and civil litigation, international arbitration, bankruptcy and insolvency.

key areas of practice

  • Marine, Trade & Energy
  • International Arbitration
  • Corporate, Commercial & Civil Litigation
  • Corporate Commercial Advisory
  • Private Client Disputes & Advisory

Nicole graduated from the University of Southampton with a Bachelor of Laws degree in 2012 and was a recipient of the International Undergraduate Scholarship 2009 awarded by the University’s School of Law.

 

Prior to her practice training, Nicole has had 4 years of experience as a litigation/dispute resolution paralegal. She has assisted counsel at all tiers of the Singapore Courts including the Singapore International Commercial Court. Some of the reported cases which Nicole has assisted on include Ezion Holdings v Credit Suisse AG [2017] SGHC 137; Teras Cargo Offshore Pte Ltd v Teras Cargo Transport (America) [2017] SGHC(I) 4; TDA v TCZ [2016] 3 SLR 329 and Chung Khin Chun K (by her deputy Mok Chiu Ling Hedy) v Yang Yin [2015] 5 SLR 467.

 

Nicole’s experience covers a wide spectrum of practice areas including commercial and civil litigation, international arbitration, bankruptcy and insolvency, shipping and admiralty as well as matrimonial and family law. Nicole also has experience in non-contentious work involving drafting and review of employment contracts, ship sale and purchase, service agreements and franchise agreements.

 

Nicole is fluent in English, Mandarin and Malay.

key areas of practice

  • Marine, Trade & Energy
  • International Arbitration
  • Corporate, Commercial & Civil Litigation
  • Corporate Commercial Advisory
  • Private Client Disputes & Advisory

Notable Cases

Civil and Commercial Disputes

  • Acting for three Indonesian shipping and logistics companies defending a US$125 million claim by a financial institution for default of payment in respect of term loan and money market loan facilities. The case is presently on appeal.
  • Acting for a matriarch and her three sons involved in a family dispute over three family-run companies in the business of the wholesale trade of agarwood, spices and essential oils valued at approximately over S$20 million. Five separate court actions were commenced amidst allegations of misappropriation of company funds and breach of directors’ duties. As part of the court proceedings, cross-injunctions were sought by both sides.
  • Assisted on a widely-publicised case where counsel acted for the litigation representative of a wealthy widow suffering from dementia. The widow owned an estate worth over S$40 million and her litigation representative was involved in a dispute with a Chinese tour guide who exercised undue influence over the widow to procure his appointment as her donee under a Lasting Power of Attorney, as well as a will bequeathing the widow’s entire estate to himself. As part of the court proceedings, a worldwide Mareva Injunction was obtained against the Chinese tour guide and his wife. Other successful court applications included applying to the Family Justice Courts to revoke the Lasting Power of Attorney and obtaining a court order under the Mental Capacity Act for a statutory will to be made on behalf of the widow. There has only been one prior reported case of a statutory will application in Singapore. Counsel also successfully obtained judgment against the Chinese tour guide in the High Court civil proceedings.
  • Assisted on a claim by a Singapore Stock Exchange listed company involved in a dispute with a Singapore financial institution in respect of publication of analyst reports containing defamatory material aimed to depress the value of the company’s shares. The financial institution would have made financial gains, due to inter alia the short-selling position held by its clients. The case was heard before the Singapore Court of Appeal.
  • Assisted on a dispute before the Singapore International Commercial Court (SICC), which was one of the first three cases to be heard by the SICC since its establishment in 2015. Counsel acted for a subsidiary of a Singapore Stock Exchange listed company in its claim against a US- based company over three separate offshore oil and gas projects off the coast of Australia, involving cross-claims amounting to over US$40 million. The case provided guidance of the meaning of an “offshore case” within the jurisdiction of the SICC under the Singapore Rules of Court, thereby allowing the US-based defendant to appoint foreign counsel. At the conclusion of the trial, our clients obtained judgment for its full claim of US$ 27 million. The case received significant media attention.
  • Acting for conglomerate listed on the Taiwan Stock Exchange in a claim for defamation against a prominent Singapore businessman who is the founder of a Singapore Stock Exchange listed company. The claim is in respect of statements made in relation to 2 of the Taiwanese subsidiaries of the conglomerate. The statements were published in several news outlets, both online and in newspapers in local circulation in Singapore and Taiwan.
  • Acting for a Japanese businessman in a dispute in relation to a breach of trust by a local nominee director and nominee shareholder of a Singapore-incorporated company in the business of ship owning and ship management. The claim is valued at about $4 million.
  • Acting for a leading oil and gas company headquartered in Singapore in a claim for the tort of conversion in relation to delivery of gasoil cargo. The sum in dispute is about US$19.6 million. An order to stay the proceedings commenced in the Singapore High Court was successfully obtained, in favour of arbitration. The order for the stay of Singapore court proceedings is now on appeal.

 

Private Client Practice

  • Acting as counsel for the representative of the estate of a Malaysian businessman in a dispute against a professional trustee in relation to a claim for breach of fiduciary duties owed to the deceased, arising from an inter vivos trust.
  • Acting for the children and widower of the deceased with an estate worth over S$2 million. The dispute centres around the validity of the deceased’s will and the deceased’s mental capacity upon making the will.
  • Acted as counsel for the grandsons and daughter of an elderly woman with an estate worth over S$15 million, who were involved in a dispute with the elderly woman’s son over issues relating to the mental capacity of the elderly woman and allegations against the son of the mismanagement of the elderly woman’s estate.

Membership In Professional Bodies

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law

Articles

Nicole recently Co-authored:

  • the practice note produced with LexisNexis “Challenging arbitral jurisdiction and anti-suit injunctions in support of arbitration in Singapore”

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1 Coleman Street #08-02 The Adelphi Singapore 179803
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