Joseph Lee
Asia-Pacific Guide 2024
Band 4 : Construction: Domestic
Email address
[email protected]Contact number
+6581800192Share profile
Band 4
About
Provided by Joseph Lee
Practice Areas
Aviation
Building, Construction & Infrastructure
China & Asia Practice
International Arbitration
International Trade, Shipping & Sanctions
Insolvency & Restructuring
Insurance & Reinsurance
Litigation & Appeals
Private Clients, Wealth & Trusts
Career
Joseph is the Joint Managing Director of the Firm. Prior to co-founding the Firm, Joseph worked in an international law firm and a leading Singapore disputes resolution firm.
Joseph is one of the leading dispute resolution lawyers of his generation. He was ranked as 40 most influential lawyers in Singapore Aged 40 and Under by the Singapore Business Review in 2015. More recently, he has been recognised by the Legal 500 as a Next Generation Partner for dispute resolution for 2021 and 2022 and Benchmark Litigation as a Litigation Star for construction matters. Clients describe him as a “very astute and sharp litigator who looks at issues thoroughly and is quick at strategizing and finding solutions to protect his clients’ interests”, a “deep thinker” who “gets results”, and an “outstanding litigator” who “brings a wealth of experience to bear on [his] advice and conduct of cases”. Most recently, Joseph was described as “sharp as nails and comes up with creative arguments. He is also a consummate strategist. He fully owns his client’s problems and works very hard.” (Legal 500 2022)
Joseph has a broad range of advocacy experience and has appeared as lead counsel in the highest levels of the Singapore courts in cases which have shaped Singapore law in commercially significant ways. These cases include LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648, a leading case in the interpretation of the Building and Construction Industry Security of Payment Act, Clearlab SG Pte Ltd v Ma Zhi and another [2014] SGHC 221, a key case on equitable compensation and trade secrets, and Crest Capital Asia Pte Ltd and others v OUE Lippo Healthcare Ltd (formerly known as International Healthway Corp Ltd) and another and other appeals [2021] 1 SLR 1337, a decision notable for the principles surrounding unlawful means conspiracy, and joint and several liability.
Joseph also heads the Firm’s arbitration practice. He has represented clients in arbitrations seated in several jurisdictions employing the rules of various arbitral institutions including the ICC, SIAC, AAA, HKIAC and JCAA. He has also represented clients in post-award enforcement proceedings in Singapore.
Besides the courts and arbitral tribunals, Joseph also regularly appears before quasi-judicial tribunals such as the Strata Titles Board, the Appeals Board for Land Acquisitions and the Income Tax Board of Review.
While Joseph’s practice covers a multitude of sectors, he has developed particular expertise in the fields of construction, oil and gas, commodities, international trade, banking, and governmental institutions. In particular, Joseph has a “strong following among clients in China and Hong Kong” (Legal 500 2021) given his excellent grasp of Mandarin and a keen understanding of Chinese business culture. He regularly acts for numerous state-owned enterprises and blue-chip companies listed in China and Hong Kong.
Outside of the law, Joseph has served as an independent director with a publicly listed company and on the Disciplinary Panel of the Council for Estate Agencies, the Law Society of Singapore, as well as the Singapore Dental Association.
Professional Memberships
Member, Law Society of Singapore
Member, Singapore Academy of Law
Disciplinary Panel, Council for Estate Agents
Disciplinary Panel, Singapore Dental Council
Disciplinary Panel, Law Society of Singapore
Work Highlights
Represented an oil trading company in interpleader claims worth more than US$100 million arising out of the collapse of the Hin Leong group of companies
Represented a jeweller in disputes with its joint venture partners involving claims over US$60 million
Represented the CEO of a company in claims for breach of fiduciary duty arising out of transactions over US$600 million
Represented a telecommunications company in proceedings in the SICC involving PRC and Iranian entities
Represented a major ride-hailing company in claims against ex-employees for breach of employee duties
Represented a statutory board in defence of a claim for negligence leading to wrongful death
Represented an insurer to seek leave under the Arbitration Act to appeal a question of law arising out of a final award that decided the construction of terms in an insurance policy
Successfully defended a setting aside application brought against a final award which dealt with a novel question of law concerning the interpretation of a statutory contract
Represented an international oil trading company in an arbitration where claims were brought against an oil storage company for misrepresentation and conspiracy
Represented a franchisee in several arbitrations governed by the ICDR and AAA rules involving claims against the master franchisor for breach of the franchise agreements
Represented a Myanmar company in an arbitration involving claims for minority oppression and breach of contract by its Singapore joint venture partner
Represented a PRC telecommunications company in an ICC arbitration against a software company for alleged breaches of a software licensing agreement
Successfully set aside the award of an arbitrator rendered under the AAA rules for breach of natural justice
Represented a franchisee in an application to set aside an award rendered by an arbitrator under the ICDR rules
Successfully obtained a stay of Court proceedings in favour of international arbitration involving a hemp-producing company
Successfully obtained an injunction against an arbitrator from proceeding with arbitration in breach of a standstill agreement between the parties
Acting for an insurer in arbitration proceedings concerning a flyover collapse which led to a construction worker’s death.
Represented a PRC contractor in an arbitration with its main contractor concerning MRT station construction works
Represented a listed company main contractor in an international arbitration with the employer for school campus works in Malaysia
Represented a main contractor in an arbitration with the developer of a condominium project involving claims of conspiracy and wrongful termination
Represented a main contractor in claims brought in Court against project consultants for conspiracy and professional negligence
Represented an architectural firm in defence of claims brought against it for conspiracy and professional negligence
Represented a REIT in an arbitration brought by its main contractor in respect of an industrial development
Acted for the developer of luxury waterfront villas in a claim for over S$1.8 million in damages for defects affecting a bungalow worth S$14.32 million; a notable decision concerning the survival of a common law right to claim damages for defects. Sandy Island Pte Ltd v Thio Keng Thay [2020] 2 SLR 1089.
Acted for the main contractor of a condominium project against the developer for wrongful termination and call on a performance bond for the full sum of the contract – a decision notable for the principles relating to the use of Calderbank letters. CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81
Acted for the main contractor of a commercial building development against a subcontractor in challenging an adjudication application under the Building and Construction Industry Security of Payment Act. Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd [2019] SGHC 139
Acted for the builder of an industrial building development in a dispute with its sub-contractor over wrongful termination and liquidated damages. CAA Technologies Pte Ltd v Newcon Builders Pte Ltd [2016] SGHC 246
Acted for a main contractor in a setting aside application relating to the Security of Payment Act – a decision notable for the Court’s interpretation of the provisions of the Act. LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648
Acted for two doctors against a S$30 million claim for breach of contract of a share purchase agreement and fraudulent misrepresentation. Wang Xiaopu v Goh Seng Heng and another [2019] SGHC 284
Acted for an insurance company against an insured car rental business in a claim for S$500,000; a decision notable for the principles surrounding contractual interpretation. MS First Capital Insurance Ltd v Smart Automobile Pte Ltd [2020] SGHC 256
Represented an insurer in an arbitration arising out of disputes over policy coverage for COVID-19-related disruption claims
Instructed by an insurer to defend a lawyer and law firm against claims by multiple parties for alleged breach of escrow agreements
Represented an insurer in defence of claims by the contractor insured for coverage in respect of land reclamation works
Acted for the purchaser of two units of a commercial building development against the developer to exercise a contractual right to terminate the contract and secure a refund; a decision notable for the Court’s interpretation of Section 49 of the 2002 Arbitration Act. Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd and another matter [2021] 2 SLR 782
Acted for an MCST in a claim for encroachment against the commercial units; a decision notable for its affirmation of the MCST’s authority to govern and considerations for the grant of an injunction to enforce by-laws. The Management Corporation Strata Title Plan No. 3405 v Raffles Place Bistro Pte Ltd [2016] SGDC 247
Languages Spoken
English and Chinese
Expert in these Jurisdictions
Singapore
Education
National University of Singapore
Bachelor of Laws
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Business and Professional Services
Financial Investors
Insurance
Property, Construction and Infrastructure
Maritime / Shipping