Kevin practises in the field of public international law, arbitration and litigation. He is dually qualified in England and Wales and in Singapore, and has been recognised as a leading disputes practitioner by The Legal 500, Benchmark Litigation and Asia Law.
As counsel, Kevin has significant experience in high-stakes disputes before international tribunals and courts, and is often instructed on cases with an international, multi-jurisdictional or State-related dimension. Notable recent instructions include acting as counsel in two State-to-State cases before the PCA (an UNCLOS Annex VII arbitration) and ITLOS, an inter-State maritime boundary mediation, three investor-State disputes under ICSID and UNCITRAL arbitration rules, and several commercial disputes under SIAC, ICC and HKIAC arbitration rules. He is presently also instructed as lead counsel in two high value international commercial disputes before domestic courts, involving complex issues arising out of international projects and cross-border enforcement.
Kevin is routinely instructed on matters in both international and commercial law. These matters have involved a broad range of sectors including oil and gas, energy, telecommunications, mining, commodities, banking and finance, manufacture and licensing, private equity, distribution, logistics, cryptocurrency, infrastructure and engineering. Recent work has included being engaged by SAARC to advise on energy matters pertaining to the South Asian States, to being appointed by the Commonwealth Secretariat (for the Commonwealth States) and Energy Community Secretariat (for the Energy Community States of the European Union) to their Rosters of Experts on energy, natural resources, oceans, trade and dispute settlement. Kevin has also acted for a significant number of clients across a wide range of commercial matters, from a USD 30 million contractual and civil fraud claim arising out of cross-border private equity investments, to a joint venture dispute arising out of a USD 740 million infrastructure and transport project, to a EUR 50 million investment treaty claim arising out of construction and engineering works on the Kasbah Des Oudayas, an ancient fortress and UNESCO World Heritage site.
Prior to joining Chambers, Kevin was a Director at Drew & Napier LLC where he acted as counsel in a wide range of international disputes, frequently leading advocacy and cross-examination before a variety of tribunals and courts. He has also taught international dispute settlement, law of the sea, international investment law and arbitration as Visiting Professor at Zhejiang University, Lecturer at the Sorbonne-Assas International Law School, Adjunct lecturer at the National University of Singapore, and as a sessional lecturer at the University of Campania “Luigi Vanvitelli”. From 2013 to 2014, Kevin was a Fellow and Assistant Legal Counsel at the Permanent Court of Arbitration in The Hague.
Kevin practises in London as a barrister at Twenty Essex (regulated by the Bar Standards Board), and in Singapore from the sole proprietorship Kevin SY Lee (UEN No. 53460481A). He has full rights of audience before all levels of the English and Singapore courts, and he accepts instructions as counsel and arbitrator. He holds law degrees from the University of Cambridge and the National University of Singapore.
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Example cases
- The Enrica Lexie Arbitration (Italy v India) (Permanent Court of Arbitration): Counsel to the Italian Republic in an UNCLOS Annex VII dispute.
- Counsel to a State mediating a maritime boundary dispute.
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- ITLOS Case No 24: The “Enrica Lexie” Incident (Italy v India), (International Tribunal for the Law of the Sea): Counsel to the Italian Republic.
- ICSID Case No ARB/19/14: Impresa Pizzarotti & C. S.p.A. v Kingdom of Morocco: Counsel to the Claimant in an investment treaty dispute arising out of the construction and infrastructure industry.
- Surfeit Harvest Investment Holdings v Taiwan, Republic of China (UNCITRAL rules): Counsel to the Claimant in an investment treaty dispute in the banking and finance sector.
- Counsel in 6 SIAC arbitrations relating to a private equity investment dispute spanning US and Cambodia.
- Counsel in a US$20 million contractual dispute arising out of an aborted infrastructure project concerning the construction of 2 hotels, a shopping centre, a convention centre and an office tower in Malaysia.
- Counsel to a Dutch logistics company in a US$16 million dispute against a Vietnamese company arising out of the damage to heavy machinery at sea while being deployed on a Wind Turbine project off the Mekong Delta.
- Legal adviser in a dispute arising out of a US$260 million State infrastructure and transport project.
- Legal adviser in a dispute arising out of an US$740 million State infrastructure and healthcare project.
Public international law / Inter-State disputes
Kevin has considerable experience acting as counsel and legal adviser in State-to-State disputes, public international law, and international dispute settlement. His public international law practice covers the full spectrum of issues including treaty obligations, law of the sea, international investment law, territorial and maritime boundary disputes, international criminal law, the law of armed conflict, human rights, international and domestic sanctions, and immunities. Selected work examples (excluding sanctions which are set out in a separate section) include:
- The Enrica Lexie Arbitration (Italy v India) (Permanent Court of Arbitration): Counsel to the Italian Republic in an UNCLOS Annex VII dispute.
- Counsel to a State mediating a maritime boundary dispute.
- Legal adviser to the South Asian Association for Regional Cooperation on public international law, arbitration, and dispute settlement matters for the South Asian States (India, Bangladesh, Bhutan, the Maldives, Nepal, Pakistan, Afghanistan and Sri Lanka).
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- Legal Adviser to the Association of Southeast Asian Nations on arbitration and dispute resolution matters for the ASEAN Member States (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam).
- Counsel in litigation proceedings concerning the interpretation and application of a Singapore-China treaty.
- The Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) (Permanent Court of Arbitration): UNCLOS Annex VII arbitration concerning the delimitation of the maritime boundary between Bangladesh and India. (As assistant to the tribunal at the PCA).
- Legal adviser on legal and strategic issues of public international law and immunities in 8 State-to-State domestic proceedings before foreign courts.
- ITLOS Case No 24: The “Enrica Lexie” Incident (Italy v India), (International Tribunal for the Law of the Sea): Counsel to the Italian Republic.
- The Indus Waters Kishenganga Arbitration (Pakistan v. India) (Permanent Court of Arbitration): Treaty dispute concerning the interpretation of the Indus Waters Treaty and the Kishenganga hydroelectric power plant. (As assistant to the tribunal at the PCA).
- Advising several States on treaty issues pertaining to energy sharing and cooperation, and regional electricity trading.
- Developing and drafting a model treaty / dispute settlement mechanism between several States for cross-border energy cooperation.
- Legal adviser to an individual on matters of international criminal law, Interpol red notices and diffusions, extradition treaties and mutual legal assistance obligations in respect of the Republic of Singapore and the Russian Federation.
- Legal adviser on matters under the United Nations Convention against Corruption and United Nations Convention against Transnational Organised Crime.
- Legal adviser to the Association of Southeast Asian Nations on the harmonisation of international law and competition policy in ASEAN Member States.
- Appointed to the Roster of Experts by the Commonwealth Secretariat for its Trade, Oceans and Natural Resources Advisory Directorate.
- Appointed to the Roster of Experts by the Energy Community Secretariat on Trade Law, Arbitration and Dispute Settlement for the Energy Community States of the European Union.
- In addition to his counsel work, Kevin has taught general international law, law of the sea, international investment law, and arbitration as Visiting Professor at Zhejiang University, Lecturer at the Sorbonne-Assas International Law School, Adjunct lecturer at the National University of Singapore, and as a sessional lecturer for students and programs of the University of Naples Federico II, the London School of Economics, Tilburg University, American University of Armenia, and the California Maritime Academy.
- Kevin has also lectured on international humanitarian law, the law of armed conflict, and UN Security Council law for the Centre for Defence Studies of the Italian Armed Forces, and at the Carabinieri Officers Academy of the Republic of Italy.
Arbitration
In arbitration, Kevin is regularly instructed in investment treaty and commercial disputes, and has been involved in more than 30 arbitration matters under ICSID, PCA, SIAC, HKIAC, ICC, UNCITRAL, ECT and ad hoc arbitration frameworks. These matters have involved a broad range of sectors including oil and gas, energy, telecommunications, mining, commodities, banking and finance, manufacture and licensing, private equity, distribution, logistics, cryptocurrency, infrastructure and engineering. Selected work examples include:
Investor-State Arbitration
- Counsel to an MNC in a potential investor-State dispute with a South Asian State in the commodities sector (confidential).
- ICSID Case No ARB/19/14: Impresa Pizzarotti & C. S.p.A. v Kingdom of Morocco: Counsel to the Claimant in an investment treaty dispute arising out of the construction and infrastructure industry.
- Surfeit Harvest Investment Holdings v Taiwan, Republic of China (UNCITRAL rules): Counsel to the Claimant in an investment treaty dispute in the banking and finance sector.
- ICSID Case No ARB/16/24: ČEZ, a.s. v. Republic of Bulgaria. Investment treaty dispute arising out of the electricity generation and energy sector (assisting Lord Verdirame KC).
- PCA Case No 2012-12: Philip Morris Asia Limited (Hong Kong) v The Commonwealth of Australia (UNCITRAL rules): Dispute arising from Australia’s enactment of tobacco plain packaging legislation and intellectual property rights in Australia. (As assistant to the tribunal at the PCA).
- PCA Case No 2012-16: Murphy Exploration & Production Company – International v The Republic of Ecuador (UNCITRAL arbitration). Dispute arising from the oil and gas and energy industry. (As assistant to the tribunal at the PCA).
- An investment treaty dispute between an investment company and an ASEAN State in the gaming industry. (As assistant to the tribunal at the PCA).
- PCA Case No 2013-23: Tenoch Holdings Limited & Ors v The Republic of India (UNCITRAL rules). Dispute arising from the withdrawal of licence approvals in the telecommunications industry. (As assistant to the tribunal at the PCA).
- Two investment treaty disputes pursuant to the Energy Charter Treaty arising out of the oil industry. (As assistant to the tribunal at the PCA).
- EDF International S.A. (France) v Republic of Hungary (UNCITRAL rules): Dispute arising from the termination of long-term power purchase agreements relating to investments in the electricity generation sector. (As assistant to the tribunal at the PCA).
Commercial Arbitration
- Legal adviser to the Council of Europe on reforms to the arbitration regime of Armenia.
- Counsel in an SIAC arbitration arising out of the telecommunications industry.
- Counsel in 6 SIAC arbitrations relating to a private equity investment dispute spanning US and Cambodia.
- Counsel to a Russian high net worth individual in a potential HKIAC arbitration arising out of the use of a bitcoin gambling platform domiciled in Curaçao.
- Counsel to a Vietnam listed steel company in a potential SIAC arbitration against a subsidiary of one of India’s largest steel companies regarding the sale/trading of commodities.
- Acting for an international distributor in an SIAC arbitration arising from a contractual dispute against one of the world’s largest apparel brands.
- Counsel to a Taiwan-listed company in an SIAC arbitration in a wind turbine dispute spanning Taiwan, Singapore, Hong Kong and Luxembourg.
- Counsel to a Chinese manufacturer in a potential SIAC arbitration arising out of a logistics dispute with a German list-co.
- Arbitration arising out of a dispute between Italian and Indian parties in the construction sector, administered in accordance with ICC rules (As tribunal secretary to a leading arbitrator).
Commercial Litigation
In commercial litigation, Kevin frequently acts in high value disputes and is often instructed on matters with complex cross-border or multi-jurisdictional elements. He has full rights of audience at all levels of the English and Singapore courts, and he has been engaged as counsel in a broad range of commercial cases including the following:
- Counsel to one of the world’s largest dye companies in a US$37 million dispute concerning the breach of an international supply agreement.
- Counsel in an equity and trust dispute over the legal and beneficial ownership of 122 gold bars and the enforcement of judgment in Singapore and Hong Kong.
- Counsel to a Chinese investor in a US$30 million dispute concerning misrepresentation and breach of contract arising out of a private equity investment in the healthcare industry.
- Counsel in a joint venture dispute (parties from Brazil, Singapore, and Indonesia) arising out of a US$16 million real estate investment.
- Counsel in a dispute arising out of the aviation industry concerning conspiracy, breach of fiduciary duties and inducement of breach of contract.
- Counsel in a civil fraud and asset tracing claim concerning the fraudulent transfer of assets and properties amounting to more than US$30 million.
- Counsel to a Chinese high net worth individual in a dispute concerning minority oppression, breach of contract and breach of a joint venture agreement in the manufacturing industry.
- Counsel to one of Asia’s largest financial advisory companies in an investment advisory, professional negligence, and vicarious liability dispute.
- Counsel in a US$20 million contractual dispute arising out of an aborted infrastructure project concerning the construction of 2 hotels, a shopping centre, a convention centre and an office tower in Malaysia.
- Counsel to a Dutch logistics company in a US$16 million dispute against a Vietnamese company arising out of the damage to heavy machinery at sea while being deployed on a Wind Turbine project off the Mekong Delta.
- Amicus Curiae to the Supreme Court of Singapore in a matter concerning statutory interpretation of the State pension fund legislation (CPF Act).
- Legal adviser in a cross-border investment fraud investigation (Germany, Singapore, Korea) concerning issues of breach of contract, equity and trust, conspiracy, misrepresentation, breach of fiduciary duties, and breach of financial regulations.
- As a dually-qualified lawyer, Kevin is frequently instructed as counsel at all levels of the Singapore Courts. Download a list of Kevin’s experience before the Singapore Courts.
State-Owned Entities and State Commercial Projects
Given his experience at a confluence of international law, State disputes, and commercial law, Kevin is also frequently engaged as counsel/legal adviser on contentious matters concerning State projects and State entities. Selected work examples (excluding matters already included above under public international law and arbitration) include the following:
- Legal adviser in a dispute arising out of a US$260 million State infrastructure and transport project.
- Legal adviser in a dispute arising out of an US$740 million State infrastructure and healthcare project.
- Legal adviser to a State-owned entity in a matter concerning a US$50 million State waste treatment and waste disposal facility.
- Legal adviser in a joint venture dispute arising out of a State oil and gas refinery project in an ASEAN State.
- Legal adviser in a shareholder/joint venture dispute arising out of an inter-State hydroelectric project in South Asia.
- Legal adviser in State debarment proceedings before the Standing Committee for Debarment in respect of a State infrastructure project in Singapore.
- Legal adviser to a State-owned entity on alternative dispute resolution issues pertaining to an ASEAN State.
Energy and Natural Resources
A considerable portion of Kevin’s work relates to the energy and natural resources sectors. He has worked frequently on cases arising out of concession, production sharing, and joint venture agreements in oil & gas, mining, electricity and renewables, across the inter-State, investor-State and project advisory context. Selected work examples include:
- Legal adviser in a dispute concerning several treaties between two South Asian States on energy cooperation and the joint implementation and construction of 10 hydroelectric powerplants.
- The Indus Waters Kishenganga Arbitration (Pakistan v India) (Permanent Court of Arbitration): Treaty dispute concerning the interpretation of the Indus Waters Treaty and the Kishenganga hydroelectric power plant. (As assistant to the tribunal at the PCA).
- Advising several States on treaty issues pertaining to energy sharing and cooperation, and in particular in regional electricity trading.
- Developing and drafting a model treaty/dispute settlement mechanism between several States for cross-border energy cooperation.
- Appointed to the Roster of Experts by the Commonwealth Secretariat for its Trade, Oceans and Natural Resources Advisory Directorate.
- Appointed to the Roster of Experts by the Energy Community Secretariat on Trade Law, Arbitration and Dispute Settlement for the Energy Community States of the European Union.
- ICSID Case No ARB/16/24: ČEZ, a.s. v Republic of Bulgaria. Investment treaty dispute arising out of the electricity generation and energy industry (assisting Lord Verdirame KC).
- PCA Case No. 2012-16: Murphy Exploration & Production Company – International v. The Republic of Ecuador (UNCITRAL arbitration). Dispute arising from the oil and gas and energy industry. (As assistant to the tribunal at the PCA).
- Two investment treaty disputes pursuant to the Energy Charter Treaty arising out of the oil industry. (As assistant to the tribunal at the PCA).
- EDF International S.A. (France) v Republic of Hungary (UNCITRAL rules): Dispute arising from the termination of long-term power purchase agreements relating to investments in the electricity generation sector. (As assistant to the tribunal at the PCA).
- Counsel to a Taiwan-listed company in an SIAC arbitration in a wind turbine dispute spanning Taiwan, Singapore, Hong Kong and Luxembourg.
- Legal adviser to a State-owned entity in a matter concerning a US$50 million State waste treatment and waste disposal facility.
- Legal adviser in a joint venture dispute arising out of a State oil and gas refinery project in an ASEAN State.
- Legal adviser in a shareholder/joint venture dispute arising out of an inter-State hydroelectric project in South Asia.
Sanctions
Kevin has advised and acted in matters concerning country-specific domestic sanctions and international sanctions imposed under the United Nations’ regimes. This has included advising on financial, reputational, political, criminal and regulatory risks / issues arising from sanctions, as well as acting in proceedings relating to sanctions. Selected work examples include:
- Counsel in litigation proceedings and investigations commenced against a trading company and its director in relation to North Korea sanctions.
- Advising on Russian sanctions in connection with litigation proceedings.
- Advising on Iran sanctions in connection with litigation proceedings.
- Advising on Bangladesh sanctions in connection with litigation proceedings.
- Advising on Pakistan sanctions in connection with litigation proceedings.
