Prior to joining Incisive Law, Fang Yao was employed by the claims side in two P&I Clubs for close to a decade and has had first-hand experience handling the full gamut of maritime claims (pertaining to both “dry shipping” and “wet shipping” matters) in numerous jurisdictions worldwide. With regards to the “wet shipping” aspect, Fang Yao handled numerous shipping collision matters and casualties in the Asia Pacific Region, including media reported incidents involving “MV XIN CHUAN 8” (sinking accident in Nanjing’s waters on around 13 May 2013); “MV MING GUANG” (sinking accident in Japan’s waters on around 26 December 2014) and “MV XU YANG 11” (explosion and fire accident in Ningbo Shipyard on around 14 October 2013). For his latter stint in the P&I industry, Fang Yao relocated to Hong Kong for around three and a half years (3.5 years) where he concentrated on handling maritime disputes on behalf of ship owners; charterers and traders domiciled in China.

Fang Yao is presently a professional member of both the Institute of Chartered Shipbrokers and the Association of Average Adjusters. Fang Yao has also been appointed the legal advisor to the Singapore Association (Hong Kong) since late 2021. Fang Yao was also previously appointed as an independent director of a company listed on the Singapore Exchange.

During Fang Yao’s formative years as a private practice lawyer, Fang Yao worked and practised in leading Singapore law firms where his scope of practice focused on commercial disputes (including shipping and trade disputes). Fang Yao completed his pupillage with a Senior Counsel and commenced his practice in the litigation and dispute resolution department of one of the leading law firms in Singapore.

Matters handled prior to joining the firm:

• Acted for a SGX (Singapore Exchange) listed contractor in arbitration proceedings under the SIAC Rules commenced by a hotel developer for inter alia claim for liquidated damages (due to the contractor’s alleged delay) and failure to rectify defects in a premium hotel development**
• Acted for a bunker trader in a contractual dispute over monies owed to their bunker supplier. The trader had refused to pay the said monies owed (or any part thereof) as they alleged that the bunkers supplied for the relevant transactions were off-spec and had caused engine problems to the vessels of their shipping clients**
• Advised a Singapore trading house in a contractual dispute after their Indonesian cement supplier purported to terminate the relevant sale & purchase contract on the basis of force majeure events (such as government restrictions on cement exports)**
• Advised a foreign supplier of electronic equipment against a Singapore entity in arbitration proceedings under the SIAC Rules whereby the dispute was due to the supplier’s failure to deliver the stipulated equipment and to make available the stipulated equipment for inspection in accordance with stipulated timelines in the contract**
• Acted for a port agent in SIAC arbitration against foreign port authorities for alleged breaches of the Agency Agreement by the port authorities. In this regard, the crux of the port agent’s case was that the foreign port authorities had acted in bad faith by setting up a subsidiary company to “take over” their operations in the port concerned.**
• Advised Ship Owners in a matter involving the Indonesian port authorities detaining their Vessel because of a dispute between the Indonesian authorities and the time charterers at time of incident. The Owners required the Vessel to be released expediently so that she could be delivered on schedule to the next charterers. On the other hand, the time charterers sought to terminate the relevant charter party on the basis that the detention constituted an event beyond parties’ control under the force majeure clause found in the same**
• Acted for Ship Owners against shippers and cargo interests to recover expenses/losses incurred by the shipowners at the discharge port in Cambodia when cargo receivers/consignees refused to take delivery of the cargo and the shipowners was compelled by Cambodian port authorities to transport the cargo back to Singapore**
• Rendered advice to shipping/trade companies (including those domiciled outside Singapore) on regulatory matters including compliance with the material Singapore statutes (such as the relevant regulations set by the Maritime & Port Authority of Singapore)**