Kelly Yap

Practice Areas

Litigation & Dispute Resolution, Shipping, China Practice, International Arbitration, International Trade, Insurance & Reinsurance, Oil & Gas

Career

Kelly is the Head of Litigation and also leads the China Practice Group at Oon & Bazul.

Kelly handles the full suite of commercial disputes, with a particular focus on international trade and shipping matters.

His expertise covers charterparty disputes, crew claims, cargo claims, marine casualties involving collisions, groundings, fires, loss of life and salvage, bunker disputes, marine insurance, international trade, letters of credit disputes, freight forwarding disputes and ship chandler claims. He regularly acts for traders in all manner of disputes involving quality, shortage and cargo damage claims. Kelly also regularly deals with ship arrests, whether for the arresting party or for the owner of the arrested ship.

Kelly has also represented companies and creditors in legal proceedings involving issues of fraud and breach of directors’ fiduciary duties.

Professional Memberships

Member of the Singapore Academy of Law

Member of the Law Society of Singapore

Member of the Maritime Law Association of Singapore

Senior Accredited Specialist in Maritime & Shipping Law, Singapore Academy of Law

Fellow of the Singapore Institute of Arbitrators

Singapore International Mediation Institute Accredited Mediator

Singapore Mediation Centre Accredited Mediator

Board member and member of the editorial committee of Shiparrested.com

Languages Spoken

English, Mandarin

Education

Work Highlights

Acted for a Singapore bunker supplier to obtain a stay of Singapore Court proceedings, commenced by the vessel owners, in favour of Lebanese court proceedings. The bunker supplier arrested the vessel in Lebanon but the vessel owners effectively wanted the Singapore Court to determine whether an arrest order granted by the Lebanese court was wrongful. Acted for a distributor of petroleum products in an international arbitration held in Hong Kong in respect of claims relating to cargo quality and shortage, as well as complex issues of anticipatory and repudiatory breaches. Acted as lead counsel for a company against an international bank to recover losses arising out of unauthorized fund transfers. Acted as lead counsel for a Dubai (aircraft owning) entity in obtaining an award in an international arbitration concerning complex issues relating to US export sanctions and regulations and novel points on the law of frustration. Acting for a major container liner in an international arbitration to defend a claim arising from multiple successive fires which occurred onboard a container ship. Acted for a bunker trader to recover damages for oil sold to a buyer through a ‘sleeving arrangement’. The High Court decision was the first reported case involving a ‘credit sleeve’ arrangement in the bunkering industry. Defended a Third Party in Singapore before the High Court and the Court of Appeal in respect of an indemnity claim brought by one of the defendants for a representation alleged to have been made by the Third Party. This case was a complex corporate dispute involving multiple defendants and third parties. Acted for a company against a former director in the Singapore High Court for a claim for losses arising from unauthorized transactions, a breach of fiduciary duty and sums withdrawn from the company’s accounts. This matter raised interesting arguments on the interpretation of contracts and adducing additional evidence as an interpretive tool.