With his extensive experience and dedication to the field, Kevin Chan is a trusted advisor disputes. A Senior Associate at Kennedys Legal Solutions, Kevin specializes commercial dispute resolution with a focus on maritime, shipping, and international trade.
Kevin advises on various issues including shipping delays resulting from COVID-19, demurrage, detention, sanctions on oil shipments, responsibility for port congestion, breakdown of hull and machinery, shipment of dangerous goods under the IMDG code, as well as marine insurance policy liability issues. He is also experienced in dealing with disputes relating to financial distress of players in the trade, shipping and offshore industry.
Kevin has acted in Singapore Court proceedings, institutional arbitrations (ICC/SIAC/HKIAC) and adhoc arbitrations (SCMA Rules, LMAA terms).
Some of the key reported Singapore cases that he has handled include The DREAM STAR [2017] SGHC 220, PT Sandipala Arthaputra v ST Microelectronics Asia Pacific Pte Ltd and others [2018] SGCA 17, and Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd [2018] SGCA 65.
Kevin is a contributor to publications such as the Halsbury’s Laws of Singapore on Shipping, Kluwer’s Maritime Law Handbook, as well as the Journal of International Arbitration.
Below are highlights of the interview that showcases Kevin’s contributions to the legal industry.
Can you tell us about your journey and what inspired you to pursue a career in the legal services industry?
My journey into the legal industry isn’t a classic tale of childhood aspirations to fight for the marginalized or to save the world. Rather, I found myself drawn to the law as a result of circumstances and a natural inclination that developed over time.
Growing up, I was the typical student who excelled academically but did not have any career aspirations. Back then, the career advice was pretty straightforward: Study hard, get good results, and do medicine or law. However, I could not stand the sight of blood or dissected body parts – and that made the law the logical alternative career path. Plus, I’ve always had a penchant for questioning norms, challenging standards, and engaging in spirited debates with my parents, siblings and friends. The idea of a career which involves donning a suit and making arguments sounded exciting to me.
When I embarked on my legal studies, what captivated me most is that the law is rarely ever black and white. Even when authorities seem clear-cut, their application to specific factual scenarios is hardly straightforward. I was drawn to the challenge of navigating these complexities and advocating for positions that aligned with my convictions. This is particularly so in international/cross-border transactions where complexity is amplified by the lack of uniformity in legal frameworks across nations.
This led me to pursue a specialization in commercial disputes, particularly in maritime law – which is international by nature.
The journey thus far has proven to be both intellectually stimulating and professionally rewarding.
As a leader in legal services, what are some of your key responsibilities and day-to-day activities?
I advise on a wide spectrum of maritime issues, including cargo loss/damage, charterparty disputes, exercise of liens, sanctions, marine insurance policy liability, ship collisions, mortgage enforcement, and sale of goods disputes.
No two days are ever the same in the work that I do. There is a dynamic blend of client interactions, legal documents preparation, strategic planning, and attendance at formal court and arbitration proceedings. Whether I’m negotiating a settlement or advocating my clients’ position before a court or tribunal, it is important to integrate legal expertise with strategic acumen to achieve the best outcomes.
This necessitates a meticulous analysis of the law, understanding commercial objectives within the shipping industry, appreciating the implications of global events such as COVID 19, political tensions, conflicts between nations, and even fluctuations in commodity prices. We often have to collaborate with third parties (investigators, surveyors, funders, legal technology support, technical experts, foreign lawyers) to provide comprehensive services to our clients.
In maritime business, time is money. Hence, we always endeavor to provide quick turnaround times without compromise on quality.
How would you describe your leadership style, and what values do you prioritize in your team?
Each individual possesses unique strengths, motivations, and aspirations. As such, I approach leadership with the understanding that there is no one-size-fits-all approach to dealing with people.
To me, it is crucial to create an environment which supports learning and empowers professional development.
In the industry, there is a tendency of assigning tasks to juniors based on what they have already mastered. For instance, trainees are often given research work instead of being tasked with the preparation of strategic advice, drafting submissions/affidavits, or communicating directly with clients. Although such an approach is obviously convenient and efficient, this robs junior lawyers of the chance to develop themselves in a holistic manner. I therefore endeavor to put junior lawyers on tasks that they are capable of handling or aspire to handle, but have not had the opportunity to do so.
Outside of professional client matters, I actively encourage junior lawyers to attend courses/seminars relevant to maritime law, arbitration, or litigation.
What are some trends or developments in the legal services industry that you find particularly intriguing or impactful?
Undoubtedly, one of the most significant developments in the legal industry is the increasing use of artificial intelligence (AI), including Generative AI large language models.
AI has already automated various aspects of legal work, streamlining processes such as e-discovery, documentmanagement, legal research, and even the preparation of standard boilerplate clauses for contracts. In recent years, attempts have also been made at predictive legal analytics for assessing case merits, arbitrator selection, and crafting submissions.
While AI offers benefits such as enhanced speed, efficiency and accuracy, it is important to recognize that human insight, judgment, and creativity remain indispensable. It is unlikely that AI will completely replace lawyers anytime soon. Instead, technological literacy is becoming increasingly essential for lawyers. As we have seen, lawyers have faced repercussions for blindly quoting fictitious cases generated by ChatGPT – underscoring the consequences of inadequate technological literacy on the limitations of AI.
The increased use of AI holds promises in making legal practice more attractive and sustainable. Many have left legal practice because they found themselves mired in grunt work such as research or other administrative tasks that accompany traditional legal practice. With automation of such tasks, lawyers can devote more time to exercising those irreplaceable human skills and engage in the aspects of legal practice that initially drew them to the profession.
Overall, the integration of AI into legal services heralds a paradigm shift that demands adaptability, technological literacy, and ethical consciousness from legal practitioners. The lawyer of tomorrow is one who is able to leverage the capabilities of AI responsibly while honing the skills and value of being human.
How do you balance the demands of legal practice with your personal life and well-being?
Let’s be upfront here – finding a balance between the demands of legal practice and personal life is undeniably challenging.
Consider two different scenarios:
First, picture this: I’ve planned a family trip to celebrate my child’s birthday. Just as I’m about to head to the airport, a client sends a query about purchasing a vessel. In this scenario, I would probably ask a colleague to handle the matter or refer it to another firm even if it means sacrificing potential financial gain.
On the other hand, suppose I regularly take my child to the neighborhood playground in the evenings. If I’m suddenly tasked with an urgent matter such as arresting a vessel about to depart Singapore, I might need to apologize to my child and offer to bring him to Universal Studios over the weekend instead.
Hence, the right balance to be struck ultimately boils down to the actual situation I am faced with!
How do you foster a culture of collaboration and excellence within your legal team or organization?
This is all about understanding each team member’s motivations, goals, and stage in life. As mentioned previously, it is not only about matching the right person with the right task but also providing opportunities for learning and growth.
Additionally, I recognize that different people have different working styles. Collaboration doesn’t always mean everyone sitting in the same room, sharing screens, and brainstorming together. For some, true collaboration involves quick initial discussions to define roles and responsibilities, followed by remote work in separate locations to facilitate creativity and minimize distractions.
What are some ethical considerations you keep in mind when representing clients or managing a legal team?
In the current day and age, simply avoiding toxicity or abuse in the workplace isn’t enough – it’s the bare minimum. Given the inherent stress and demands of our profession, it’s crucial to cultivate a sustainable work environment. This means refraining from imposing unreasonable expectations that require lawyers to unduly sacrifice their family life, social commitments, and mental well-being.
Failing to maintain such an environment can lead to a revolving door of personnel, which is highly disruptive to clients and the cases we handle for them. On the other hand, stability within the team fosters trust and better serves the needs of clients.
What advice would you give to aspiring legal professionals who aspire to become leaders in the field?
I’m still on my own journey of growth and learning as a legal professional, so I’m not sure if I’m the best person to give any advice. However, one invaluable lesson I’ve learned along the way is the power of listening.
I’ve discovered that listening attentively often teaches me far more than speaking ever could. Whether it’s absorbing insights from colleagues, understanding the needs of clients, or lending an ear to juniors seeking guidance, the act of listening has always enriched my understanding and perspective.
Hence, if there’s one humble piece of advice I can offer, it’s this: sharpen your listening skills. In an industry where everyone’s clamoring to be heard, it is silence that tends to have the most profound impact on yourself/others.
