Amelia Tan 陈静仪
Amelia is a member of the litigation, insolvency and restructuring practice in Singapore.
She has a broad range of experience in commercial litigation, with a focus on complex, multi-jurisdictional shareholder related litigation, corporate disputes and insolvency and restructuring matters.
Her practice includes acting in relation to unfair prejudice claims, derivative actions and the liquidation and winding up of offshore private companies, and she has represented clients in the High Court, Court of Appeal and the Privy Council. She also regularly advises listed companies and financial institutions in the region.
Amelia has been involved in many of the leading decisions in the Eastern Caribbean Supreme Court and has successfully acted for clients in complex factual and legal disputes involving novel issues of law. Recent experience include:
- Successfully acted for the Claimant in a four-week trial in relation to a derivative action brought on behalf of a Liberian company for a claim for breach of directors' duties, dishonest assistance and unjust enrichment: Kathryn Ma Wai Fong v Incredible Power Limited et al (BVIHCOM 2015/0047) (18 March 2021).
- Successfully acted for a minority shareholder in the Court of Appeal in relation to the setting aside of service out of jurisdiction and the stay of unfair prejudice proceedings against majority shareholders where the claim against the company is stayed in favour of arbitration: Siong Beng Seng v Caldicott Worldwide Limited BVIHCMAP 2020/0020 (1 June 2021).
- Successfully acted for a minority shareholder in the Court of Appeal on the novel issue of whether an injunction granted under section 43 of the BVI Arbitration Act 2013 is appealable: Hector Finance Group Limited v Caldicott Worldwide Limited BVIHCVAP 2020/0012 (1 June 2021).
- Acting as BVI advisers to receivers of substantial assets held by Agritrade Resources Limited, a subsidiary of Agritrade International Pte Ltd which has been placed into interim judicial management by the Singapore High Court with USD1.55 billion in outstanding liabilities and faces claims from dozens of creditors including allegations from major lenders of perpetrating a “massive, premeditated and systemic fraud”.
- Acting for and advising an ASX-listed resources company in relation to key assets in a BVI company and related winding-up and recognition proceedings in the BVI.
- Acting for majority shareholders in the just and equitable winding up of Cayman Islands company on the basis that there was a breakdown of trust and confidence in the management of the company.
Amelia is fluent in English and Mandarin and also sits on the Board of Directors of the International Women's Insolvency & Restructuring Confederation (IWIRC), Singapore Network.
Amelia practised in another leading offshore firm in Singapore before joining Carey Olsen in 2019.
Prior to moving offshore in 2017, Amelia was an Advocate and Solicitor of the Supreme Court of Singapore and practised at one of the largest leading Singapore law firm where she gained extensive experience in international arbitration, corporate and shareholder litigation, trade and commodities disputes and insolvency related matters.
Amelia is admitted as a solicitor of the Eastern Caribbean Supreme Court (BVI) and is enrolled as a Registered Associate in the Supreme Court of Bermuda. She is also admitted as a solicitor of the Senior Courts of England and Wales (non-practising).
在代表一家利比里亚公司就违反董事职责、不诚实协助和不当得利提出索赔的衍生诉讼中，在为期四个星期的审判中成功代表索赔人：Kathryn Ma Wai Fong v Incredible Power Limited et al (BVIHCOM 2015/0047)。在上诉法院成功代表小股东就撤销管辖范围外的送达和中止对大股东的不公平损害诉讼：Siong Beng Seng v Caldicott Worldwide Limited BVIHCMAP 2020/0020 (1 June 2021)。就根据 2013 年英属维尔京群岛仲裁法第 43 条授予的禁令是否可上诉这一新问题，在上诉法院成功代表小股东：Hector Finance Group Limited v Caldicott Worldwide Limited BVIHCVAP 2020/0012 (1 June 2021)。担任 Agritrade Resources Limited接管人的 BVI 顾问。Agritrade Resources Limited 是 Agritrade International Pte Ltd 的子公司，该公司已被新加坡高等法院置于临时司法管理中，未偿债务为 15.5 亿美元，并面临来自数十家公司的索赔债权人，包括主要贷方对实施“大规模、有预谋和系统性欺诈”的指控。为一家在 ASX 上市的资源公司就在 BVI 公司的关键资产以及 BVI 的相关清盘和认可程序提供法律意见和代表。在对开曼群岛公司的管理信任和信心崩溃的基础上，代表大股东提出公正和公平的清盘。静仪精通英语及华语，并且是International Women's Insolvency & Restructuring Confederation (IWIRC)，新加坡区域的董事会成员。