Jern-Fei Ng KC

Practice Areas

Arbitration (as advocate and arbitrator); Civil Fraud and Property; Commercial Dispute Resolution; Commodity Disputes; Conflict of Laws; Energy and Natural Resources; Offshore Disputes; Shipping

Professional Memberships

Member of the HKIAC Proceeding Committee, which is the standing committee of the Hong Kong International Arbitration Centre (HKIAC) on procedural matters

Member of the board of directors of Maxwell Chambers, Singapore

Member of the Core Committee of the ICC Singapore Arbitration Group

Appointed to the panel of arbitrators of the Hainan International Arbitration Court

Appointed by the Chief Justice of Singapore to the Ethics and Professional Standards Committee

Teaches arbitration and advocacy at leading universities across the globe, including East China University of Political Science and Law, National University of Singapore, Renmin University School of Law, Peking University School of Law

Languages Spoken

English, Mandarin, Cantonese, Malay, Indonesian

Work Highlights

Lead counsel for the Chinese respondents in a US$1.5bn private equity dispute involving a failed acquisition of a company. Important point of law as to whether the doctrine of repudiatory breach applies to partnerships. Secured an award of damages of US$180m for clients in respect of their counterclaim for breach of confidence. Seat: Hong Kong (HKIAC Rules). Governing law: Cayman Islands law.

Lead counsel for Chinese investors against a US company in a share sale and purchase dispute involving sums in excess of US$20m relating to the noncompletion of an equity investment agreement in the mining industry. Took over the case from one of England’s most senior KCs and was up against two senior KCs on the other side. Secured an award, pursuant to which the Tribunal ordered that clients’ investment is reinstated and costs of close to US$3.4m was awarded in favour of clients. Seat: Hong Kong (HKIAC Rules). Governing law: Hong Kong law.

Lead counsel for a leading Korean pharmaceutical company. Successfully defended claims for US$53m following a two-week hearing and secured a costs award of approximately US$3.1m in the client’s favour. Seat: Singapore (ICC Rules). Governing law: English law.

Lead counsel for a leading Chinese manufacturer of consumer products. Successfully resisted a claim worth US$25m relating to the manufacture and sale of air-conditioners. Seat: Singapore (SIAC Rules). Governing law: PRC law.

Lead counsel for a Chinese company faced with claims for breach of contract by an Israeli joint venture partner. The client was ultimately successful in resisting a claim for approximately US$10m. Seat: Singapore (SIAC Rules). Governing law: PRC law.

Lead counsel for an Indian company in a joint-venture dispute relating to claims for earn-out payments under a share sale and purchase agreement, culminating in three evidentiary hearings. Seat: Singapore (SIAC Rules). Governing law: Mauritius law.

Lead counsel for a Qatari company in a relation to entitlement to dividends arising out of a share sale and purchase agreement. Clients succeeded entirely in their claim for dividends in the sum of US$3m plus interest. Seat: London (LCIA Rules). Governing law: Nigerian law.

Lead counsel for a Chinese company in relation to a claim brought by a US claimant for breach of a strategic alliance agreement, in which claims of intellectual property theft were brought against my client. Clients succeeded in defeating an application for interim measures, as a result of which the US claimant was compelled to agree a consent award, pursuant to which it ended up recovering no damages from my client. Seat: Hong Kong (HKIAC Rules). Governing law: Hong Kong law.

Lead counsel for a Thai respondent in relation to a claim for damages by an international trading house in the sum of US$4m. Succeeded in defending the claim entirely, with clients awarded US$600,000 in costs in its favour. Seat: Singapore (SIAC Rules). Governing law: Singapore law.

Lead counsel for a SOE respondent in relation to a claim for damages by an international trading house in the sum of US$2m. Succeeded in defending the claim entirely, with clients awarded costs in its favour. Seat: London. Governing law: English law.

Currently acting as lead counsel for a Chinese state-owned enterprise defending a US$53 million claim in a joint venture dispute involving two shipbuilding projects. Successfully defended clients against a request for emergency arbitration relief filed by a Dutch applicant. Place of arbitration: Singapore (SIAC Arbitration Rules); Governing law: Dutch law.

Currently acting as lead counsel for a Chinese SOE in a dispute with a Korean conglomerate in relation to a hydrocarbon supply contract. Award pending. Seat: Singapore. Governing law: Singapore law.

Currently acting as lead counsel for a Chinese SOE in defending a US$53m claim in relation to a joint venture dispute concerning two shipbuilding projects. Succeeded in defending the clients against claims brought by the Dutch claimants for emergency arbitral relief. Seat: Singapore. Governing law: Dutch law.

Appointed as arbitrator by a Chinese SOE in two arbitrations concerning an alumina supply contract. Seat: Hong Kong. Governing law: Hong Kong law.

Awards

Education