Damien Xing

Counsel

Damien Xing is a Counsel with the firm and concurrently holds the appointment of Senior Lecturer at NUS Business School, where he teaches company law and general business law.

A dual-qualified lawyer in Singapore and England & Wales, Damien has represented clients across all levels of the Singapore courts and provided counsel on complex infrastructure projects throughout the Asia-Pacific region. His insights are informed by his previous experience at a “Big Four” law firm and an in-house stint as legal director of a global digital infrastructure company. Additionally, he is quantitatively trained, holding an advanced degree in infrastructure project management and finance.

Damien accepts instructions on a broad range of commercial matters, with a special emphasis on company law, construction law, and employment law. In his role at the firm, Damien is committed to providing accessible and effective legal advice that is pragmatic and solution-oriented.

Sample Cases

Dispute Resolution

• Acted for a European MNC in an SIAC arbitration against a Thai-listed telecommunications company, involving a claim value in the excess of US$400m and parallel proceedings in Thailand and Singapore.

• Acted for a specialist technology company in a Singapore High Court suit against a Fortune 500 technology company, involving alleged breaches of intellectual property rights in a jointly developed proposal for a telecommunications project.

• Acted for a Grade A1 Singapore contractor in an SIAC arbitration against a KLSE-listed residential property developer, having previously succeeded in adjudication proceedings and in resisting an attempt by the employer to set aside the adjudication determination in the Singapore High Court.

• Acted for employers, main contractors and sub-contractors of various levels in adjudication proceedings under the Building and Construction Industry Security of Payment Act, involving issues such as defects, extension of time, acceleration and prolongation costs, and disputed variation orders.

Construction & Engineering

• Drafted, reviewed and negotiated contracts and project documents for the development of data centers in Singapore, Australia, Hong Kong, Indonesia, Japan, Malaysia and Taiwan (R.O.C.).

• Advised a main contractor on complex issues arising out of a land reclamation project, involving the use of novel technology which posed challenges that fell outside the contemplation of the Singapore public sector standard form of construction contract.

• Advised one of Singapore’s largest solar energy producers on a virtual power purchase agreement with the largest corporate purchaser of solar energy in the world.

• Advised the Land Transport Authority of Singapore on various rail and road projects, including updates to its standard conditions of contracts.

Restructuring & Insolvency

• Represented and advised the Land Transport Authority of Singapore on matters arising out of a rail contractor’s decision to enter into composition proceedings in Italy, which resulted in the termination of two construction contracts for the “Downtown Line Phase 3” Mass Rapid Transit (MRT) system project.

• Successfully secured >95% of a client’s claim against a subcontractor undergoing a multi-jurisdictional restructuring effort, overcoming a statutory moratorium under the COVID-19 (Temporary Measures) Act.

• Advised on and acted as counsel in winding-up proceedings and other debt recovery measures against distressed companies.

Corporate, Employment and Regulatory

• Advised a C-suite executive in the finance sector on a claim for wrongful dismissal.

• Advised a C-suite executive in the insurance sector on investigations by regulatory authorities in multiple Southeast Asian countries.

• Advised a Singapore-based construction company on bribery investigations by authorities in a South Asian country.

• Advised a European MNC on the compliance risks of contracting with an Iranian government authority through its Singapore entity.

Published Judgments

• Sit Kwong Lam v Management Corporation Strata Title Plan No. 2645 [2018] 1 SLR 790

• AZT Pte Ltd v AZU Pte Ltd [2018] SCAdjR 560

Publications

• Damien Xing, "The Employer Representative's Duty of Independence under the REDAS Contract" Singapore Academy of Law Journal (published on e-First 26 March 2024)