Matter Highlights
Matter Highlights
Commercial
Acting for an Indian company in an SIAC arbitration against a Malaysian conglomerate arising out of an aborted share purchase agreement to purchase the client’s shareholding in one of the largest pulp and paper mills in Malaysia. The dispute involved the call on a performance guarantee, and the claim value is USD 50 million.
Successfully represented three private equity investment firms incorporated in Mauritius and/or India in proceedings before the Singapore International Commercial Court commenced by two Indian companies. The proceedings before the SICC arose out of a complex series of transactions involving the sale and purchase of shares, with a total transaction value of about INR 200,00,00,000.
Acting for a Swiss multinational in an ICC arbitration involving a long- running complex financial fraud in Indonesia. The amount defrauded is estimated to be in the region of USD 30 million.
Successfully represented an Indian business consultant in his dispute with an individual to whom he provided consultancy services over interpretation of the letter of engagement and entitlement to fees. We obtained a successful result for the client both before the General and Appellate Divisions of the High Court.
Representing an Indian-born businessman in a dispute arising out of a facility agreement entered into between the counterparty and a company of which our client was director, and a personal guarantee provided by our client. The dispute related to and arose from the collapse of a global conglomerate, which led to parallel insolvency proceedings in various jurisdiction. The claim quantum in the Singapore proceedings arising from the personal guarantee exceeded USD 70m, and there was also an application for a worldwide freezing order against our client.
Representing a Singapore company against a consortium of international private equity firms incorporated in Mauritius in an SIAC arbitration seated in Singapore in relation to disputes arising from joint venture agreements involving development of major hydroelectric and thermal power projects in India with an estimated aggregate claim of USD 600 million. The joint venture agreements are governed by Singapore law.
Represented The Wellness Group and the India-born founder of TWG Tea, a well-known tea company in Singapore in a shareholders’ dispute with the other shareholders of TWG Tea – OSIM International and Paris Investments. The value of the dispute was about SGD100 million. The Suit also involved a counterclaim for defamation brought by OSIM International and the other defendants. The Wellness Group and the founder of TWG Tea also sued OSIM and each member of its Board of Directors for defamation in a separate suit (which has been consolidated with the main suit).
Acted for a global brokerage and financial services business with its headquarters in England, in proceedings before the High Court and Court of Appeal of Singapore relating to a fraud which involves at least 10 entities globally. The dispute is highly cross-border in nature and related proceedings have been commenced across multiple jurisdictions, including in England, Hong Kong, BVI and the US.
Advised and represented a Singaporean businessman and his wife in the recovery of monies loaned to and invested in a real estate development company. Proceedings were commenced against the company, as well as 2 of its directors, both of whom were guarantors of the company’s obligations to our clients. The value of the claims in this dispute were in the region of S$5.5 million.
Advised and represented a Singaporean businessman in the recovery of monies which were loaned to a company listed on the Singapore stock exchange. The dispute involved complex legal issues relating to statutory illegality and the availability of restitutionary remedies in that context. The value of the claims in this dispute were in the region of S$4.6 million.
Energy, Marine, Trade and Commodities
Successfully represented an American agri-business in an SIAC arbitration against an Indian party, and successfully represented the client in resisting subsequent setting aside proceedings brought by the respondent in the High Court of Singapore.
Successfully represented the applicant, a Singapore commodities trading company with Indian promoters, in a very rare case where the Singapore High Court set aside an SIAC arbitration award on the basis of breach of natural justice.
Acting for a leading Indian logistics and transportation company in relation to three SIAC arbitration claims for approximately USD 35 million arising out of a memorandum of understanding (“MOU”) with a Japanese logistic company. Our client commenced three Singapore-seated SIAC arbitrations seeking damages, interests and costs. We had succeeded in consolidating the three arbitrations into one and successfully resisted repeated applications by the respondent for the early dismissal of our client’s claims on each occasion. Our client had secured third-party funding for its legal costs in these proceedings.
Insurance
Representing a Singapore-based reinsurance brokerage firm and its senior employees in an employment dispute with the employees’ former employees. The case involved urgent injunctive relief, allegations of conspiracy, breach of restrictive covenants, and poaching of clients.
Represented two insurance brokerage firms belonging to a leading insurance broker in Singapore in proceedings before the Singapore High Court. The dispute concerns an alleged conspiracy between certain of former employees of our client who began a competing insurance brokerage business after their employment at the Company. The case also involves allegations of breaches of employment contracts, breaches of statutory duties, and breaches of confidence.
Projects & Construction
Advised a Chinese SOE on its dispute with a Latin American government arising out of a rail infrastructure project. The dispute involved a potential investment treaty arbitration.
Acting for a Korean construction and engineering company in two related Singapore International Commercial Court proceedings arising out of a ICC arbitration. The underlying dispute involves a multi- billion dollar construction project in Iraq and engages issues of English, Singapore and Korean law.
Advising and acting for a Japanese multi-national in a construction dispute arising out of application of force majeure clauses in EPC contracts, amongst other issues. The underlying projects are in Indonesia and involve a state-owned main contractor. The contemplated arbitrations are governed by the SIAC and ICC rules.
Acted for CRW Joint Operation (Indonesia), an Indonesian contractor consortium in an ICC arbitration claim for USD 29 million arising over a DAB award and disruption and prolongation claims in the construction of a gas pipeline in Indonesia. It spawned two separate Court of Appeal cases; an Arbitration Award was successfully obtained in favour of the clients. We also represented clients in proceedings before the Singapore High Court brought by PGN to try and set aside the Arbitration Award.