Personal Profile


ABOUT TIAN LUH

Tian Luh specializes in providing legal services primarily relating to infrastructure, construction and engineering matters. He also undertakes dispute resolution work in respect of corporate and commercial matters. He also advises on all areas of infrastructure, engineering and construction contracts, including drafting contracts, dispute resolution and insolvency matters. He practiced previously in the law firm of Helen Yeo & Partners (now Rodyk & Davidson LLP), in the law firm of Thio Su Mien & Partners (now TSMP Law Corporation) and in the highly-rated infrastructure and major projects practice group of Rajah & Tann LLP.

Tian Luh has acted as junior counsel in the first ASEAN Investment Dispute representing an investor in an ICSID additional facility arbitration. Tian Luh was also involved in a construction arbitration featured in the "American Lawyer" surveying large arbitrations with a European connection (valued at US$200m or higher).

Tian Luh has a particular expertise in claims arising out of the Singapore Building Construction Industry Security of Payment Act (SOP Claims), having successfully prosecuted and defended multiple million dollar claims. He has acted in at least 50 SOP claims as counsel since the commencement of the Act. He is also experienced in the following arbitral institutions / regimes- Singapore International Arbitration Centre (SIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA). UNCITRAL Model Law, International Chamber of Commerce (ICC), International Centre for the Settlement of Investment Disputes (ICSID).

Tian Luh was Lead Counsel before the World Bank Sanctions Board Tribunal (Seat in Washington DC) in Sanctions Board Decision No. 64 in respect of Sanctions Case No. 122 where he successfully obtained a very rare dismissal of all proceedings against a client and the permanent lifting of the temporary suspension imposed on the client.

EDUCATION

  • LLB (Hons) University Of Birmingham, UK

BAR ADMISSIONS / PROFESSIONAL QUALIFICATIONS

  • Associate, Chartered Institute of Arbitrators

  • Lincoln’s Inn, Barrister (Non-Practicing)

  • Law Society of Singapore

  • Law Society of England & Wales (Non-Practicing)

  • Singapore Institute of Arbitrators, Fellow

  • Accredited Mediator, Centre for Effective Dispute Resolution (CEDR)

PUBLIC SERVICE APPOINTMENTS

  • Senior Adjudicator,
    Building & Construction Industry Security of Payment Act.

RECENT NOTABLE WORK UNDERTAKEN INCLUDE:

Drafting and Advisory work

  • Lead solicitor for a specialist vibro-floatation contractor in respect of the Marina Coastal Expressway

  • Lead solicitor for an specialist civil engineering contractor in the reviewing a tender for BTO power plant project in Singapore

  • Lead solicitor for an overseas specialist civil engineering contractor advising on an immunology laboratory clean room project

  • Lead solicitor for specialist civil engineering contractor advising on a Biologics Bioreactor Plant

  • Lead solicitor advising a specialist civil engineering contractor on the Marina Bay Integrated Resort and Sentosa Integrated Resorts tenders

  • Lead solicitor for company in licensing third party medical claims management and infrastructure know how in Asia

  • Lead Solicitor for a Cayman Islands Liquidator in respect of claims by the Liquidator in Singapore;

  • Lead Counsel for a specialist civil engineering contractor in respect of claim for works done for the Singapore Air Show;

  • Solicitors to a major UK law firm in respect of Securities and Futures Act matters

Dispute Resolution

  • Acting for a Finnish boiler maker in respect of 2 ICC Arbitrations with a claim amount of US$230m and US$76m

  • Lead Counsel for a specialist structural steel contractor in respect of claim for works done in the New Supreme Court Building, with the claim and counterclaims amounting to $40m; resolved in favour of our clients

  • Lead Counsel for a specialist structural steel contractor in respect of claim for works done in the New National Library Building; resolved in favour of our clients

  • Lead Counsel for a main contractor and successfully defending a claim for works done in respect of a condominium project; the claim was dismissed with costs in favour of our clients

  • Lead Counsel for a specialist structural steel contractor in respect of claim for works done at One Marina Boulevard

  • Lead Counsel for 2 subsidiaries of a listed company in respect of claims by a liquidator for unfair preferences amounting to $12m

  • Represented a company in respect of a scheme of arrangement with debts of $80m

  • Lead Counsel for professional engineers defending a claim for negligent design in respect of a condominium project

  • Lead Counsel for architects defending a claim for negligent design in respect of a condominium project

  • Lead Counsel for a specialist structural steel contractor in respect of claim for works done in Changi Airport Terminal 3

  • Lead Counsel for a specialist structural steel contractor in respect of claim for works done in the Fusionpolis and Biopolis Projects

  • Lead Counsel for a specialist contractors in respect of claim for works done in Land Transport Authority Contracts Nos. 423, 424, 425, 704, 853, 855

  • Lead Counsel for a specialist civil engineering contractor in respect of claim for works done for the Singapore Air Show

  • Lead Counsel suing solicitors for professional negligence in respect of a conveyancing transaction and successfully obtaining a judgment in favour of our clients

  • Lead Counsel for a company successfully applying to the High Court to restrain a former director from divulging legally privileged documents

  • Lead Counsel for the main contractors of a cement silo in a claim for negligent construction in the High Court

  • Lead Counsel in numerous applications arising out of the Building Construction Industry Security of Payment Act; successfully prosecuting and defending multi million dollar claims

  • Adjudicator and Review Adjudicator in numerous Construction Adjudication Applications

  • Lead Counsel in an SIAC arbitration for a main contractor against the owner in respect of a hotel development project

  • Lead Counsel for the main contractor in a bridge dispute with a sub-contractor in respect of Singapore's tallest public housing project with the claim exceeding $15m

  • Lead Counsel acting for a Japanese contractor in an application to set aside and arbitral award before the High Court of Singapore for breach of natural justice

  • Lead Counsel in a case before the World Bank Sanctions Board Case No. 122 (Decision No. 64) in respect of breaches of the World Bank procurement regime

  • Lead Counsel for the defendant in a claim by a Singapore listed company for breaches of a share sale agreement

  • Lead Counsel for the respondent in an arbitration claim by Chinese contractors in respect of HDB contract and alleged abandonment of works by the subcontractor

  • Lead Counsel for an SOP adjudication for a specialist sub-contractor claimant in respect of the Tanjong Pagar Mixed Development

  • Lead Counsel for an SOP adjudication for a specialist sub-contractor claimant in respect of the Changi Airport Jewel Project

  • Lead Counsel for an SOP adjudication respondent in respect of the Changi Airport Terminal 5 Project

  • Lead Counsel for the Defendant in High Court suit reported in [2015] SGHC 261. Successful defence against a claim by a specialist subcontractor for ground reinforcement works

  • Lead Counsel for the Plaintiff in [2017] SGHC 34. A setting aside application in respect of an enforcement of an adjudication determination and issues of severance of a sum determined by the adjudicator

  • Lead Counsel for the Plaintiff in [2017] SGHC 45. A setting aside application in respect of the enforcement of an adjudication determination and issues of natural justice

  • Lead Counsel in SIAC /69/2017. Representing a specialist MNC contractor in SIAC arbitration proceedings in respect of a media and broadcast project

  • Appointed Adjudicator in respect of an adjudication application with a claim in excess of $160m

  • Lead Counsel for the Appellant in [2018] SGCA 12. An appeal in relation to the setting aside of an adjudication determination and the novel issue of whether multiple contracts may be the subject of a set off in adjudication applications

  • Lead Counsel in High Court Originating Summons No. 1269/2018. Successfully obtaining an injunction against the call on an Advanced Payment Bond

  • Lead Counsel in SIAC/256/2018. Representing an specialist MNC contractor in SIAC arbitration proceedings in respect of a rail project