Kelvin Kek

Partner

Kelvin is a commercial litigation and arbitration specialist, frequently dealing with heavily contentious shareholder disputes and other commercial claims, both for multinationals and high net worth clients. These matters include JV-related disputes, directors’ duties, shareholder disputes and various property related issues.

Beyond commercial matters, Kelvin has also developed a vibrant construction practice both in Singapore and abroad. As part of his construction practice, Kelvin often advises on large scale infrastructure and engineering projects. These include many overseas projects in India, Vietnam, Malaysia, Brunei and the Middle East involving coal fired power plants, a hydro-electric plant, solar plants, wastewater treatment plants and airport projects, to name a few. Most recently, Kelvin acted as lead counsel for a $100 million dispute for a state entity against an EPC contractor in an aqueduct construction project in the region. The matters often deal with complex questions of delay, prolongation, defects and force majeure.

Locally, Kelvin acts for publicly-listed developers and owners in various disputes over the construction and design of commercial and infrastructure developments in Singapore. He has also advised a number of Singaporean statutory boards on a variety of construction claims against contractors and sub-contractors. He often prosecutes and defends substantial claims in construction adjudications under the Building and Construction Industry Security of Payment Act (Cap 30B).

Kelvin has been recognised in major legal publications as a “Key Lawyer” and “Future Star” in the categories of litigation, construction and arbitration.

Kelvin also acts for employers in various employment disputes, fraud/corruption investigations and has experience in dealing with high profile white collar criminal matters. Back in 2015, Kelvin was invited to act as amicus curiae in a criminal matter concerning offences under the Securities and Futures Act (Cap 289) before a Court of three Judges under the Supreme Court’s Young Amicus Curiae Scheme.

Kelvin graduated from the National University of Singapore with an LL.B. (First Class Honours) degree in 2008. He was called to the Singapore Bar in 2009 and the New York State Bar in 2012. Prior to pursuing his legal career, Kelvin graduated from the National University of Singapore with a first degree in Electrical & Electronic Engineering. Kelvin is recognised as an Accredited Specialist in Building and Construction Law by the Singapore Academy of Law and is an Accredited Mediator with the Singapore Mediation Centre.

Work Highlights

  • Acted for an ASEAN state entity in an ongoing SIAC arbitration against a multinational EPC contractor over the construction of a large scale aqueduct project, with the quantum in dispute being over S$100 million.
  • Acted for a Singapore acted for a government-linked entity in an ad-hoc arbitration against an Indian EPC contractor over the construction and operation of power plant project in India, dealing with issues of delay analysis, design and construction defects, the total quantum of dispute being over S$110 million.
  • Acted for a multi-national EPC contractor in contentious proceedings before a FIDIC appointed dispute adjudication board in claims of over S$120 million arising from the construction of a hydro-electric power plant and dealing with issues including delay, acceleration and prolongation costs.
  • Acted for a Singapore listed infrastructure developer and in an ICC arbitration arising out of a large scale 2 billion Qatari Rial project in the Middle East, with a quantum of dispute being over S$250 million.
  • Acted for a multi-national renewables company on a solar power project in Vietnam over issues of breaches of warranty, serial defects and other issues, quantum pending.
  • Advised a Singapore government-linked entity on a threatened arbitration over disputes arising from the construction and supply for public sector transport project in the Middle East.
  • Acted for a Taiwanese M&E Contractor in a SIAC arbitration over the design and construction of a large-scale M&E system in a public infrastructure project in Singapore.
  • Acted for a Singaporean developer against a prominent Japanese main contractor on issues arising from the re-development and construction of a commercial building in the central business district in Singapore.
  • Acted for a Singapore listed infrastructure developer in an adjudication over a claim of over S$22 million in variations and loss & expense. (BDM Pte Ltd v BDN Pte Ltd [2020] SCAdjR 480)
  • Acted for a Ruritanian incorporated advisory firm in successfully defending the setting aside of an arbitral award before the Court of Appeal (appealing from the Singapore International Commercial Courts). (CVV and others v CWB [2024] 1 SLR 32; [2023] SGCA(I) 9

Publications