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Dan Tan heads the international arbitration practice at JLC Advisors and is the principal of Dan Tan Law, an international arbitration law firm based in the US that has been ranked amongst the top arbitration and litigation practices in the US and the world (Euromoney Benchmark Litigation, 2013 and 2014 Edns; Global Arbitration Review 100, 2012, 2013, and 2014 Edns). Dan Tan Law was recently named 'International Arbitration Firm of the Year' by Euromoney Benchmark Litigation.

Dan is Lecturer on Law at Harvard Law School, where he teaches international arbitration. He is also Lecturer in Law at Stanford Law School, where he teaches international investment law. Previously, he taught international arbitration on the adjunct faculty at the Singapore Management University School of Law, and was Lecturer in Law at Oxford University.
Chambers USA and Chambers Global (2012, 2013 and 2014) rank Dan as a leading arbitration lawyer. Chambers calls him “a star in the international arbitration world” and notes that “Clients and peers overwhelmingly attest to his expertise as ‘a very skilled advocate’ who ‘comes up with practical, commercial advice that clients find extremely useful.’” He has been ranked an “International Arbitration Star” (US Nationwide) and repeatedly named a “Future Litigation Star” (New York) by Euromoney Benchmark Litigation (2010 to 2014 Edns). He was lauded as being “alert, informed and bold in arbitration proceedings” and for his “simply amazing ability to remember arcane, technical details from evidentiary findings, and quote them in detail.” The Global Arbitration Review 100, the leading arbitration survey, has called him “a name to know”, and notes his “impressive attention to detail and strategy,” “easy to work with approach” and remarks that “Clients love him.” (2010 and 2012 Edns). He has been named by Euromoney Institutional Investor as an Expert in Commercial Arbitration (2013).

Dan has acted in international litigation matters before US and foreign courts, and in arbitrations under various institutional rules (including ICC, LCIA, AAA, Swiss Rules, BANI, SIAC) seated in major arbitration venues (New York, California, London, Paris, Geneva, Zurich, Indonesia, and Singapore). These cases involve disputes stemming from joint venture and partnership agreements, distributor and supply agreements, patents and IP agreements, license agreements, noncompete agreements, share purchase and option agreements, construction and oil & gas contracts.

Dan has over a decade of international arbitration and litigation experience at some of the largest international law firms. He previously practiced with Latham & Watkins and O’Melveny & Myers in New York, and Lovells in London, where he represented US and international clients in high-value cases spanning a range of national laws and industries, including aerospace, construction, telecommunications, entertainment, pharmaceuticals, manufacturing, oil and gas, and energy.

Dan speaks and writes prolifically in his field and has published in leading academic journals in the United States and England. These articles have been excerpted in casebooks, cited in prominent textbooks and commentaries and by US Federal courts, and have been called 'ground-breaking thinking'.

Email dantan@jlcadvisors.com

Education


LL.M., Harvard Law School
B.C.L., Oxford University
LL.B., National University of Singapore

Bar Qualifications

Singapore
New York
California
District of Columbia
England and Wales

U.S. Second Circuit
U.S. Third Circuit
U.S. Federal Circuit

US District Courts for the Southern and Eastern Districts of New York; Central District of California

Academic Appointments

Harvard Law School
Lecturer on Law
(International Commercial Arbitration) (2008 to present)

Stanford Law School
Lecturer in Law
(International Investment Law) (2013 to present)

Singapore Management University Law School
Adjunct Faculty
(International Commercial Arbitration and International Arbitration Practice)(2011 to present)

Oxford University
Lecturer in Law
(English Contract Law) (2002-2004)

Professional Qualifications

Fellow, Chartered Institute of Arbitrators

Member, ICC Task Force on Arbitration involving States or State Entities

Fellow, Litigation Counsel of America

Languages

Mandarin Chinese

Representative Case Experience

International Arbitration
  • In the past few months, 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.)
  • Currently acting as expert on California law in SIAC arbitration seated in Singapore involving dispute over termination of distribution agreement. (SIAC Arbitration; Singapore Seat; California law.)
  • Currently acting as expert on New York law in HKIAC proceedings on behalf of Chinese entities. (HKIAC Arbitration; Hong Kong Seat; New York law.)
  • In the past few months, successfully acted as counsel for respondent US and Canadian companies defending against claims brought by Asian claimants. Obtained complete defense on behalf of clients and dismissal of US$30m claim without any liability on part of client. (ICDR arbitration; New York seat; New York, Singapore and Canadian law.)
  • In the past few months, successfully acted as counsel for Asian-based research company in ad hoc arbitration against well-known U.S. pharmaceutical company. After jurisdictional briefing and argument, obtained favorable settlement on all of client’s terms. (Ad hoc arbitration; US seat; New York 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 law.)
  • Counsel for international financial institution in two LCIA arbitrations and advising on secondary litigation in national courts arising out of disputes relating to share purchase agreement and share option agreement. Amounts at issue exceed US$350 million. (LCIA arbitration; London seat; English law.)
  • Counsel for airplane systems designer and manufacturer in ICC arbitration in New York in dispute with aircraft manufacturer involving 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 law.)
  • Counsel for worldwide office products supplier in SIAC arbitration in dispute involving manufacturing agreement and asset sale purchase agreement with Indian parties. Case involves related litigation in India. (SIAC arbitration; Singapore seat; Singapore law.)
  • Counsel for international construction company in arbitration proceedings governed by UNCITRAL rules before the SIAC involving trade secrets dispute stemming from construction projects in Asia and the Middle East. Successfully obtained dismissal of claims. (SIAC arbitration; Singapore seat; Singapore law.)
  • Counsel for international construction company in two arbitrations defending against claims for defective construction of manufacturing plant. (ICC and Swiss Rules arbitration; Geneva and Zurich seats; Swiss law.)
  • Represented pharmaceutical company in patent dispute administered by ICDR under AAA rules and seated in California. (AAA/ICDR arbitration; California seat; New York law)
  • Represented US distributor in dispute with overseas supplier involving wrongful termination of distribution and supply joint venture agreements in AAA arbitration. Amounts in dispute exceeds US$200 million. (AAA/ICDR arbitration; New York seat; New York law.)
  • Represented Indonesian company in arbitration under Indonesian National Board of Arbitration (“BANI”) rules in dispute with a competitor involving unfair trade practices, breach of confidentiality undertakings, and competition claims. Amounts at issue is US$60 million. (BANI arbitration; Jakarta seat; Indonesian law.)
  • Counsel for patent holder for patent infringement and breach of licensing agreement claims. After initiating arbitration in California, successfully negotiated settlement 10 times what was offered before Dan Tan Law was brought in as counsel to start arbitration. (AAA arbitration; California seat; California law.)
  • Counsel for respondent Indian Company against European claimant. Successfully negotiated early settlement of less than 1/3 of what claimant initially demanded and insisted they would not negotiate down from. (ICC arbitration; London seat; Indian law.)
  • Wrote US Supreme Court amicus brief on whether parties may expand scope of judicial review of arbitral awards beyond the grounds set out in the Federal Arbitration Act. Hall Street Associates, L. L. C. v. Mattel, Inc., 128 S.Ct. 1396, No. 06-989 (March 25, 2008).

International Litigation in US and Foreign National Courts
  • Currently representing foreign plaintiff in US$12m breach of fiduciary duty and fraud claims in California courts.
  • Currently representing foreign plaintiff in breach of contract to pay commissions in excess of US$1m in New York courts.
  • Currently representing Taiwanese plaintiff in enforcement proceedings in New York courts to enforce foreign court judgment. Successfully obtained preliminary attachment over US$4m of U.S. assets (which the New York courts have called an “extraordinary remedy”)
  • In a multi-jurisdictional case involving parallel proceedings in the United States and England, provided specialist forum selection and strategic advice on novel international litigation issues to an international communications entity that enabled litigation in the client's preferred forum.
  • Advised on recognition and enforcement of foreign judgments, using claim and issue preclusion doctrines (res judicata and collateral estoppel) offensively as part of defense strategy against claims in US courts.
  • Advised client’s trial counsel, and assisted on briefing, in appeal of motion for antisuit injunction seeking to enjoin foreign proceedings.
  • Traced assets and collaborated with foreign lawyers in enforcement of £50 million English judgment in New York and several offshore jurisdictions.

Commercial Litigation
  • Litigated a complex asbestos-bankruptcy case in concurrent proceedings in both US state and federal courts. Following an eight month trial and extensive motion practice and appeals, obtained a favorable settlement for the client. Total amount at stake exceeded US $1 billion. (In Re Congoleum Corp.)
  • Advised on and pursued large fraud and insolvency claims against international entities arising out of the worldwide bankruptcy of BCCI.
  • Litigated insurance coverage issues in New York and New Jersey state courts, and ad hoc arbitration in London.

Publications

The Art of Forum Shopping, Juris Publishing (loose-leaf treatise, forthcoming 2014).

Enforcing International Arbitration Agreements in Federal Courts: Rethinking the Court's Remedial Powers, 47 Virginia Journal of International Law 545-618 (2007) (lead article).

Enforcing Arbitration Agreements with Antisuit Injunctions, Mealey's International Arbitration Report (July 2006) (reprinted in Vol 7, No. 3 Mealey's International Arbitration Quarterly Review 27 (2006)).

Anti-Suit Injunctions and the Vexing Problem of Comity, 45 Virginia Journal of International Law 283-355 (2005) (lead article).

Damages for Breach of Forum Selection Clauses, Principled Remedies and Control of International Civil Litigation, 40 Texas International Law Journal 623-61 (2005) (lead article) (cited in Dicey, Morris and Collins on The Conflict of Laws, 14th Ed.).

Halsbury's Laws of Singapore, Carriers volume, LexisNexis (2004) (principal author of Carriage of Goods by Sea section), chapters on bills of lading, charterparties, loading, voyage and unloading.

Breaking Promises to Litigate in a Particular Forum: Are Damages an Appropriate Remedy?(2003) Lloyd's Maritime and Commercial Law Quarterly 525-34 (principal co-author) (cited in Dicey and Morris on The Conflict of Laws, 13th Ed., 4th Supp.)

Halsbury's Laws of Singapore, Equity and Trusts volume, LexisNexis (2003) (contributing author), chapters on injunctions, mareva injunctions (freezing injunctions), anton piller orders (search orders), equitable set-off, receivers and managers, equitable damages and equitable compensation.

Damages for Breach of Exclusive Jurisdiction Clauses (with Nik Yeo of Fountain Court Chambers, London), Chapter 15, Commercial Law and Commercial Practice, Hart Publishing, Oxford (Sarah Worthington, ed., 2003).

Constructing a Doctrine of Economic Duress, (2002) 18 Construction Law Journal (UK) 87-96.

Enforcement of Foreign Judgments–Should Fraud Unravel All? (2002) 6 Singapore Journal of International and Comparative Law 1043-57.

Damages for Breach of Jurisdiction Clauses, (2002) 14 Singapore Academy of Law Journal 342-64.

Grounds of Economic Duress–Further Clarification or Further Confusion? (2001) Singapore Journal of Legal Studies 268-79.

No Dispute Amounting to Strong Cause; Strong Cause for Dispute? (2001) 13 Singapore Academy of Law Journal 428-50.

Speeches and Presentations

"Current Trends in International Arbitration", International Law Section of State Bar of California (San Francisco, California, September 6, 2013).

"The Effective Presentation of Damages in Litigation", American Bar Association Annual Meeting (San Francisco, California, August 11, 2013).

“Cross Examination in International Arbitration” (Instructor in English and Mandarin Chinese), Beijing Arbitration Commission (Beijing, December 10-11, 2012; Shanghai Arbitration Commission (Shanghai, December 14-15, 2012).

“Building an International Arbitration Practice”, ICC Young Arbitrators Forum (Boston, Massachusetts, October 22, 2012).

“Global Perspectives on Local Issues”, ICC Young Arbitrators Forum (Rio de Janeiro, Brazil, May 9, 2012).

Global Arbitration Review Live (Rio de Janeiro, Brazil, May 7, 2012).

“What the Opposing Party Might Be Thinking—A Comparative Discussion of Arbitration Practice in Asia and North America”, ICC Young Arbitrators Forum (San Francisco, California, March 8, 2012).

“Access to Arbitration”, Young Arbitration Practitioners Forum (Miami, Florida, February 26, 2012).

“California’s Ban on Foreign Lawyers in International Arbitration Proceedings”, 2nd Annual ICC Asia-Pacific Conference: Regional Perspectives (Hong Kong, April 2, 2011).

“Introduction to International Investment Law”, Harvard Law School (Cambridge, Massachusetts, February 4, 2011).

“Anti-Suit Injunctions and International Arbitration”, International Arbitration 2010, Practicing Law Institute (New York, New York, March 23, 2010) (moderator).

“International Commercial Arbitration: Resolving Cross-border Disputes”, Asia Business Conference, Harvard Business School (Cambridge, Massachusetts, February 15, 2009).

“Court Litigation Tactics Used to Resist Arbitration or Require a Resisting Party to Arbitration, Interim Measures and Parallel Proceedings”, Association of the Bar of the City of New York (New York, New York, March 4, 2008).

“The Strategy and Practice of International Litigation”, International Law Association, International Law Weekend (New York, New York, October 26, 2007) (moderator).

“What Non-U.S. Lawyers Need To Know About U.S. Law”, American Bar Association, Young Lawyers Division and Young Bar Association of Montreal, Spring Conference and International Law Showcase (Montreal, Canada, May 3-5, 2007).

“International Commercial Arbitration”, Asian Society of International Law Inaugural Conference (Singapore, April 7-9, 2007).

“Current Issues in International Arbitration”, American University Washington College of Law, International Legal Studies Program's 25th Anniversary Celebration (Washington D.C., March 27, 2007).

“Enforcing International Arbitration Agreements”, American Bar Association, Section of Business Law (Charleston, South Carolina, January 11, 2007).

“The Use of Anti-suit Injunctions to Enjoin Foreign Proceedings and International Arbitrations”, International Law Association, International Law Weekend (New York, New York, October 27, 2006).

“Antisuit Injunctions and Remedial Devices for Enforcing Forum Selection”, Hamilton Law Association seminar "Emerging Issues in Cross-Border Commercial Litigation" (Niagara-on-the-Lake, Canada, May 5, 2006).

“Forum Selection and Forum Avoidance”, Union Internationale des Avocats seminar "International Civil Litigation and the USA" (Breckenridge, Colorado, February 28, 2006).

Numerous other talks to inhouse counsel and companies on aspects of international arbitration and litigation.