Kelly Yap

Biography

Kelly handles the full suite of commercial disputes, with a particular focus on international trade and shipping matters.

His expertise covers charterparty disputes, crew claims, cargo claims, marine casualties involving collisions, groundings, fires, loss of life and salvage, bunker disputes, marine insurance, international trade, letters of credit disputes, freight forwarding disputes and ship chandler claims. He regularly acts for traders in all manner of disputes involving quality, shortage and cargo damage claims. Kelly also regularly deals with ship arrests, whether for the arresting party or for the owner of the arrested ship.

Kelly has also represented companies and creditors in legal proceedings involving issues of fraud and breach of directors’ fiduciary duties.

Notable cases

Acted for a bunker supplier to obtain a stay of Singapore Court proceedings commenced by the vessel owners in favour of Lebanese court proceedings in relation to the bunker supplier’s arrest of a vessel for a claim for bunkers that were supplied to that vessel. This is a novel case because the vessel owners were effectively asking the Singapore Court to determine whether an arrest order granted by a foreign court is wrongful.

Acted for a distributor of petroleum products in an international arbitration held in Hong Kong in respect of claims relating to cargo quality and shortage, as well as complex issues of anticipatory and repudiatory breaches.

Acted as lead counsel for a company against an international bank to recover losses in excess of US$2 million arising out of unauthorized fund transfers.

Acted as lead counsel for a Dubai (aircraft owning) entity in obtaining an award for US$6.5 million in an international arbitration concerning complex issues relating to US export sanctions and regulations and novel points on the law of frustration.

Acting for a major liner in an international arbitration to defend a claim arising from multiple successive fires which occurred onboard a container ship.

Acted for a bunker trader to recover over US$2 million for oil sold to a buyer through a ‘sleeving arrangement’. The High Court decision was the first reported case involving a ‘credit sleeve’ arrangement in the bunkering industry. Kelly also successfully resisted the buyer’s appeal in the Court of Appeal.

Successfully defended one of the third parties in Singapore before the High Court and the Court of Appeal in respect of an indemnity claim brought by one of the defendants for a representation alleged to have been made by the third party or his agent. This case was a complex corporate dispute involving multiple defendants and third parties.

Successfully acted for a company against a former director in the Singapore High Court for a claim in excess of US$1 million arising from losses as a result of unauthorised transactions, a breach of fiduciary duty and sums withdrawn from the company’s accounts. This matter raised interesting arguments on the interpretation of contracts and adducing additional evidence as an interpretive tool.

Accolades

Chambers Asia Pacific describes Kelly as “a tenacious lawyer who takes a very thorough approach and is excellent on detail”. The publication also described him as being “aggressive for his clients and will make his point. It is helpful to have him on a case.”.

Legal 500 Asia Pacific commends him for providing “very practical advice” and as one who is “responsive and able to understand the complexity of a matter and map it out in a simple and understandable format”.

Asialaw Leading Lawyers recognises Kelly as a Distinguished Practitioner for his work in Dispute Resolution. The title is defined by the publication as lawyers who are highly regarded by their peers and possess a strong record and positive client feedback.