Davis Tan

Director, Deputy Head of Litigation
Tel: +65 6505 3415
davis.tan@incisivelaw.com

Davis is a user-friendly and highly effective dispute resolution lawyer specializing in complex commercial, shipping and international trade disputes. He cuts through complex legal jargon to speak plain, simple language to clients. 

Davis regularly represents clients in high-value commercial disputes before the Singapore Courts and in international arbitrations (SIAC, SCMA, HKIAC, LCIA, LMAA, ICC, ad hoc). He has particular expertise in shipping, trade, commodities, and energy disputes, and more generally, frequently acts in fraud cases, joint venture disputes, investment and shareholder disputes, and banking disputes involving letters of credit, performance bonds and bills of exchange.

Davis has also advised on and acted in cross-border insolvency and restructuring matters, including his appointment as Young Amicus Curiae by the Singapore Supreme Court in such cases. In 2020, he advised a Singapore company on the recognition of moratorium relief and the case was awarded the Benchmark Litigation APAC Impact Case Award in 2021.

Davis has been recognised in The Legal 500 Asia Pacific for possessing a ‘sharp legal mind’ and praised for his ability to ‘punch above his weight’. Clients commend his ability to strategize and make the right tactical moves to navigate through complex and demanding disputes.

Davis graduated with First Class Honours and was named Best Candidate in the Singapore Bar Examinations for Civil Litigation Practice. He has also taught civil litigation and arbitration to law graduates in the Singapore Bar Examination Course. Davis has a keen interest in technology and has obtained a Higher Certificate in Technology and Legal Innovation from the National University of Singapore.

Davis has lived and worked in China through exchange programmes and secondments. He is fluent in Mandarin and is especially well-equipped to handle China-related disputes. He is a graduate of the China Ready Programme and served as team leader for the first group of Singapore lawyers sent to Shanghai under the Singapore Ministry of Law and Shanghai Bar Association exchange programme.

Davis is dual-qualified to practice law in both Singapore and England and Wales.

Highlight matters include:

Mareva and Anti-Suit Injunctions

  • Successfully obtained an anti-suit injunction against a foreign investor who commenced proceedings in breach of an exclusive jurisdiction clause in favour of Singapore Courts.
  • Successfully obtained a judgment in the Singapore Court and an anti-suit injunction against a bank’s customer who commenced parallel foreign proceedings in China and Indonesia.
  • Successfully acted for a Thai shipyard in applying for an anti-suit injunction against a Taiwanese shipowner arising from disputes concerning a ship repair contract.
  • Successfully represented a Singapore trading company in setting aside a Mareva injunction obtained against it on the grounds of material non-disclosure and lack of authority.

Fraud & Misrepresentation 

  • Acted for a Singapore commodity trading company in a US$300 million fraud claim involving financing based on forged warehouse receipts. Successfully resisted pre-action discovery and interrogatories applications before the Singapore Court and obtained an injunction against the adverse parties.
  • Acted for a Singapore commodity trading company in a fraud case arising from the trading and storage of gold and precious metals in warehouses.
  • Acted for a Singapore fund and fund manager in a US$80 million fraud committed by its Chinese counterparties. Advised the fund and its fund manager on queries from government regulators, MAS and CAD.
  • Successfully resisted claims brought by fund investors against a Singapore fund on the grounds of breach of contract and fraudulent misrepresentation.

Corporate and Commercial Disputes

  • Successfully represented subsidiaries of a Chinese bank before the Singapore International Commercial Court (SICC) in a US$170 million claim against a director, shareholder, and executive chairman of a Singapore-listed company for breach of his obligations under letters of support.
  • Successfully acted for a Singapore bank in a dispute with its customer in excess of US$40 million over banking facilities, letter of credit, and performance guarantee.
  • Acted for a Chinese state-owned entity in a joint venture and shareholder dispute estimated at US$600 million concerning heavy machinery and road repair technologies in an SIAC arbitration.
  • Acted for a Singapore company in successfully striking out a claim brought against it concerning supply chain disruptions due to the COVID restrictions.

Restructuring & Insolvency 

  • Advised a Singapore oil trading company in a high-profile restructuring involving liabilities of exceeding US$4 billion and serious allegations of fraud and misconduct.
  • Advised a Singapore company on the recognition of foreign moratorium relief in Singapore.
  • Advised on the recognition of US Chapter 11 proceedings in Singapore.
  • Advised a Chinese company on a scheme of arrangement proposed in Singapore as well as parallel legal proceedings in England.
  • Advised and acted for liquidators of a trading company in disputes arising from fraud and trading activities of the company.
  • Acted for a creditor of an insolvent oil trading company to successfully resist claims that were allegedly assigned to other third parties.

Sanctions & Regulatory Matters

  • Advised a Singapore oil trading company in relation to disputes and matters arising from OFAC sanctions.
  • Advised a vessel’s mortgagee on disputes arising from UN Security Council sanctions imposed on the vessel.

Admiralty and Shipping 

  • Acted for a terminal and arrested a VLCC for an allision caused by the VLCC against the terminal’s berth.
  • Acted for an oil trading company in the arrest of multiple vessels arising out of the insolvency of an oil supplier.
  • Acted in the arrest of a vessel in Singapore arising out of a long-term charterparty dispute. Represented the Chinese charterer in both Singapore Court proceedings as well as SCMA arbitration proceedings.
  • Advised an international organisation on seafarer’s rights and Cabotage laws.

Oil and Commodity Trading 

  • Acted for a Singapore commodity trading company in one of the largest oil contamination cases in Singapore, estimated at US$250 million. Successfully opposed an SIAC emergency application brought by the opposing party as well as an urgent application before the Singapore High Court.
  • Acted for a Singapore commodity trading company in disputes with a Chinese company arising from iron ore trades and letters of credit.

Education (University):

  • LL.B. (First Class Hons), University of Nottingham, UK

Professional Associations and Memberships:

  • The Law Society of Singapore
  • The Singapore Academy of Law
  • The Law Society of England and Wales
  • Member, Admissions Committee of the Law Society of Singapore

Languages:

English
Chinese