Dan Tan > The 36 Group > London, England > Barrister Profile

Dan Tan

Work Department

36 Stone

Position

Barrister And Arbitrator.

International arbitration, particularly in the US and Asia. Court litigation in US and Singapore. Particular areas of expertise include; Commercial, Construction, Intellectual Property.

Recent notable cases:

• Currently acting as counsel in two SIAC arbitration proceedings involving in excess of US$200m of disputes relating to construction of major plant facility in South East Asian country by state-owned entity. (SIAC Arbitration, no seat agreed, South East Asian law.)
• Currently acting as counsel in ICC arbitration proceedings involving breach of licensing distribution and partnership agreement. (ICC Arbitration, California seat, Delaware law.)
• Currently acting as counsel in ICC arbitration proceedings involving breach of distribution agreement between US and Asian parties. (ICC Arbitration, Singapore seat, Texas law.)
• Currently acting as counsel in 2 arbitrations involving joint venture dispute in Asia in the education industry (SIAC arbitration, Singapore seat, Hong Kong law.)
• Successfully acted as counsel for Argentinian and Panamanian entities suing U.S. company for patent infringement in AAA arbitration. Amounts in dispute exceed US$100m. Obtained favorable arbitration award in client’s favor. (AAA arbitration, New York seat, New York and Federal law.)
• Successfully acted as lead counsel in SIAC-administered UNCITRAL arbitration representing South-East Asian company against Asian state owed entity in oil and gas dispute. Opposing party represented by one of the leading international law firms. Obtained complete victory for client in liability phase both on contractual liability (liability on this count alone exceeding US$500m) and for breach of obligation of good faith and fair dealing (yet to be quantified but liability expected to be quantified in the hundreds of millions). Amount in dispute US$500m++. (UNCITRAL arbitration, Singapore seat, New York, Singapore and third Asian country law.)
• Counsel for airplane systems designer and manufacturer in ICC arbitration in New York in dispute with aircraft manufacturer involving patent and IP licensing, technical design and manufacturing compliance, delay issues, and intellectual property infringement claims. Amounts at issue exceed US$300 million. (ICC arbitration; New York seat; New York governing law.)
• Counsel for international fiber and polymer company in US federal court and state court proceedings, ad hoc arbitration in Switzerland, and ICC arbitration in Paris involving patent inventorship, trade secrets, and confidentiality disputes. Amounts at issue exceed US$1B. (ICC and ad hoc arbitration; Paris and Geneva seats; French and Swiss governing law.)
• Counsel representing three respondents in two SIAC arbitration proceedings brought by well-known global entertainment and lifestyle company involving sale of Asia-wide luxury entertainment chain. Also acting as counsel in associated court proceedings in Singapore. Amounts in dispute approximately S$100m (US$80m).
• Counsel for US and Brazilian companies in ICC arbitration in Sao Paulo in relation to indemnity in joint venture agreement for environmental claims (ICC arbitration; Sao Paulo seat; Delaware law.)

Arbitrator appointments:

• Currently Chair in 3-person Tribunal (with Michael Hwang SC and Jennifer Kirby) in HKIAC arbitration involving alleged breaches of Share Purchase Agreement and Shareholder’s Agreement. Amount in dispute exceeds US$50 million. (HKIAC Arbitration, Hong Kong seat, Hong Kong law.)
• Currently Chair in 3-person Tribunal in AAA arbitration involving contract in aviation industry. (Dispute exceeds US$50m) (AAA Commercial Rules arbitration / California seat / New York law.)
• Currently party-appointed arbitrator in AAA / ICDR arbitration proceeding seated in San Francisco involving dispute over website and underlying sales technology in the travel industry. Dispute exceeds US$40 million (ICDR arbitration, San Francisco seat, California law.)
• Currently co-arbitrator in dispute between US and Chinese investors in US and Chinese joint venture companies in AAA / ICDR arbitration proceeding seated in Nevada in dispute involving medical industry. (AAA/ICDR arbitration, Nevada seat, governing law not yet determined on specific issues.)
• Currently sole arbitrator in dispute between US and Chinese parties involving sale of goods in ICDR arbitration seated in San Jose (ICDR Arbitration / California seat / California law.)
• Chair in 3-person Tribunal in ICC dispute between household-name Asian manufacturer and European company. (ICC Arbitration, Maui Hawaii seat, New York law.)
• Chair in 3-person Tribunal in ICC dispute between English and Asian companies in dispute involving power project in South East Asia. (ICC Arbitration, London seat, South East Asian country law.)
• Sole arbitrator in HKIAC arbitration involving the sale and purchase of helicopters between a Chinese buyer and U.S. manufacturer. (HKIAC arbitration, Portland Oregon seat, Oregon law.)
• Sole arbitrator in ICC dispute between US and Canadian companies where US$10m is in dispute. (ICC Arbitration, Albany New York seat, New York law.)
• Sole arbitrator in UNCITRAL arbitration between Chinese and U.S. parties in dispute over commissions and royalties stemming from investment contract. (UNCITRAL arbitration, Hong Kong seat, California law.)
• Sole arbitrator in ICC arbitration involving product defect and indemnity claims in sale and purchase agreement involving materials used to manufacture drilling equipment for oil wells. (ICC arbitration, Singapore seat, New York law.)
• Sole arbitrator in AAA / ICDR arbitration involving American company against Brazilian company for breach of contract claim. (ICDR arbitration, New York seat, New York law.)
• Chair in shareholder dispute involving obligations arising out of share purchase agreement. (HKIAC-administered arbitration, Hong Kong seat, New York law.)
• Co-Arbitrator in 3-person Tribunal (with Professor Gabrielle Kaufmann-Kohler and Carlos Bianchi) dealing with indemnity claims between household name global multinational companies. (ICDR arbitration, New York seat, New York law.)
• Sole arbitrator in ICC arbitration involving breach of contract claims between North American and South East Asian entities in the aviation industry. (ICC arbitration, New York seat, New York law.)
• Sole arbitrator in contractual dispute brought by chief executive officer against country club. (SIAC arbitration, Singapore seat, Singapore law.)

Languages

Mandarin Chinese

Memberships

Fellow, Chartered Institute of Arbitrators

New York State Bar

California State Bar

District of Columbia State Bar

Law Society of Singapore

Lecturer on Law. Harvard Law School – (International Commercial Arbitration) (2008-present)

Lecturer in Law Stanford Law School – (International Investment Law) (2013-2015) (International Arbitration) (2017-present)

Education

LL.M., Harvard Law School

B.C.L., Oxford University

LL.B., National University of Singapore