Amelia Tan 陈静仪
Amelia is counsel in Carey Olsen's 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 / director litigation, corporate disputes, fraud and asset tracing and cross-border insolvency and restructuring matters.
Amelia also has significant experience in seeking urgent interlocutory relief for clients, including freezing orders and injunctions, and enforcement matters and has represented clients in the High Court, Court of Appeal and the Privy Council. She regularly advises listed companies and financial institutions, high net worth individuals and insolvency practitioners in the region.
Amelia has been listed as a Rising Star in The Legal 500 Asia Pacific 2023 Guide. She has also been named one of the five global finalists (and only recipient in Asia) of the IWIRC Rising Star Award in 2022 and is part of the International Insolvency Institute's (III) highly prestigious and successful NextGen Leadership Program Class XII (2023). Clients speak highly of Amelia, describing her as an "outstanding individual within Carey Olsen" and who is "technically solid, business savvy and always responsive".
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 Malaysia's largest venture capital fund in the liquidation of an Exempted Limited Partnership ("ELP") where the General Partner had failed to discharge its duties as voluntary liquidators, and is the first Cayman law decision where the Cayman Grand Court clarified that voluntary liquidators of an ELP can be subject to court supervision and can be granted powers that are reserved for court-appointed liquidators: In the Matter of ECM Straits Fund I, LP (FSD 230 of 2022 (RPJ)).
- Advising and acting as Cayman Islands and BVI counsel for a leading crypto financial service provider in group restructuring involving entities in Singapore, Hong Kong, Cayman Islands and BVI.
- 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 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.
- 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”.
Amelia is Co-Chair of the International Women's Insolvency & Restructuring Confederation (IWIRC), Singapore Network and one of the first offshore law practitioners to be approved as a member of the Insolvency Practitioners Association of Singapore (IPAS). She is also an active member of INSOL.
Amelia is fluent in English and Mandarin.
Amelia practised in another leading offshore firm in Singapore before joining Carey Olsen in 2019.
Prior to moving offshore in 2018, 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).
陈律师的执业实力倍受认可，并获选为《法律500强》（The Legal 500）2023年度亚太地区“后起之秀（Rising Stars）”。同时，她还是2022年International Women's Insolvency & Restructuring Confederation (IWIRC) “后起之秀”奖的五位全球候选人之一（唯一的亚洲候选人），是国际破产学会（III）颇具盛名且大获成功的第十二期下一代领导力计划（2023年）的成员。客户对陈律师的评价非常高，称赞她是“凯瑞奥信的杰出个人”，“具有过硬的专业能力和商业头脑，且始终反应迅速”。
- 在一家利比里亚公司就董事违反职责、不诚信协助和不当得利索赔提起的衍生诉讼中，成功代表索赔人赢得一场为期四周的审判：Kathryn Ma Wai Fong诉Incredible Power Limited等人（BVIHCOM 2015/0047）（2021年3月18日）。
- 成功代表马来西亚最大的风险投资基金清算一家开曼豁免有限合伙企业（ELP），其中普通合伙人未能履行自动清盘人的职业，并且是第一个开曼法律判决说明ELP的自动清盘人可以接受法院监督，并可以被授予法院指定清算人保留的权力：In the Matter of ECM Straits Fund I, LP (FSD 230 of 2022 (RPJ))
- 成功代表少数股东在上诉法院中申请撤销准予司法管辖区外送达的命令和中止针对多数股东的不公平损害诉讼程序：Siong Beng Seng诉Caldicott Worldwide Limited BVIHCMAP 2020/0020（2021年6月1日）。
- 在一项上诉法院案件中成功代表少数股东，该案涉及根据2013年《英属维尔京群岛仲裁法案》第43条授予的禁止令是否可予上诉的新颖问题：Hector Finance Group Limited诉Caldicott Worldwide Limited BVIHCVAP 2020/0012（2021年6月1日）。
- 为Agritrade International Pte Ltd子公司Agritrade Resources Limited持有的大量资产的接收者担任英属维尔京群岛顾问，该母公司因15.5亿美元的未偿债务被新加坡高等法院纳入临时司法管理，面临数十位债权人索赔，其中多位主要出借人指控其存在“大规模蓄意系统性欺诈”。