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Rajah & Tann is the first and only firm to separate out its international arbitration team into a standalone group. On the litigation side, the team remains one of the best choices for commercial, shipping and international trade disputes in Singapore. Following the promotion to Senior Counsel of Francis Xavier in January 2009 and the elevation of Steven Chong SC and Quentin Loh SC to the Bench towards the end of the year, the firm now fronts four SCs to take the lead on a range of high-profile matters. Francis has been Head of the firm’s Commercial Litigation Practice Group since 1999. He was appointed Head, Disputes Practices in November 2009. He was a statutory member of the Law Society Council until December 2008, having been appointed in January 2005 by the Minister of Law.
Francis has been recognised as a leading lawyer by Asia Pacific Legal 500 (2001/2002, 2002/2003, 2003/2004, 2004/2005, 2008/2009, 2010 / 2011, 2012 and 2013), AsiaLaw Profiles (2007), Asia Law leading lawyers (2009), Chambers Global (2012 and 2013), Global Arbitration Review (2010) and Chambers Asia-Pacific (2011 and 2013).
Francis has practised cross-border commercial litigation and international arbitration for more than two decades. He specializes in corporate and commercial disputes especially in the areas of company, banking, property and financial and investment related claims. He has handled cases involving securities fraud, insider trading and general commercial fraud. He also specialises in aviation law and advised in the class-action suit resulting from the crash of the SilkAir flight in Indonesia in 1997 and the Taiwan SIA crash. Francis has acted in a number of highly publicized reported cases at trial and appellate level, including Sumitomo Bank Ltd v Kartika Ratna Thahir, the East Coast Recreation Centre and American Express Bank litigation. He has been and continues to be involved in a number of cross-border international arbitration involving the aviation, oil production, power generation and toxic wastes industries.
Reported Cases
- Teleoptik-Ziroskopi and others v Westacre Investments Inc and other appeals [2012] SGCA 8
- Law Society of Singapore v Andre Ravindran Saravanapavan Arul [2011] SGHC 224
- Holcim (Singapore) Pte Ltd v Precise Development Pte Ltd [2011] SGCA 1
- Ng Swee Hua v Auston International Group Ltd and another [2010] SGHC 362
- Holcim (Singapore) Pte Ltd v Precise Development Pte Ltd [2011] SGCA 1
- Management Corporation Strata Title Plan No. 301 of Grange Heights v Lee Tat Development Pte Ltd [2010] SGCA 39.
- The Law Society of Singapore v Jasmine Gowrimani d/o Daniel [2010] SGHC 143.
- The Law Society of Singapore v Aqbal Singh s/o Kuldip Singh and Another [2009] SGDT5.
- Sports Connection Private Limited v Deuter Sports GmbH [2009] SGCA 22.
- Susilawati v American Express Bank Limited [2009] SGCA 8.
- Susilawati v American Express Bank Ltd [2007] SGHC 179.
- Ting Sing Ning (alias Malcolm Ding) v Ting Chek Swee (alias Ting Chik Sui) and others [2007] SGCA 49.
- Ting Sing Ning (alias Malcolm Ding) v Ting Chek Swee (alias Ting Chik Sui) and others [2006] SGHC 192.
- ECRC Land Pte Ltd (in liquidation) v 1. Christopher Wing On Ho 2. Shum Sze Keong 3. Lee Yen Kee Ruby 4. Paul Law Kwok Fai 5. E-Zone (Plaza) Pte Ltd 6. The Grande Group Limited 7. East Coast Works Pte Ltd 8. Hong Kong Aberdeen Seafood Restaurant Pte Ltd 9. Nakamichi Pte Ltd 10. Café A1 Fresco Pte Ltd [2006] SGCA 25.
- CHS CPO GmbH and Another v Vikas Goel and Others [2006] SGHC 49.
- CHS CPO GmbH (in bankruptcy) and Another v Vikas Goel and Others [2005] 3 SLR 202; [2005] SGHC 74.
- ECRC Land Pte Ltd (in liquidation) v 1. Christopher Wing On Ho 2. Shum Sze Keong 3. Lee Yen Kee Ruby 4. Paul Law Kwok Fai 5. E-Zone (Plaza) Pte Ltd 6. The Grande Group Limited 7. East Coast Works Pte Ltd 8. Hong Kong Aberdeen Seafood Restaurant Pte Ltd 9. Nakamichi Pte Ltd 10. Café A1 Fresco Pte Ltd [2004] 1 SLR 105.
- Leow Tiak Cheow & Anor v Pan-United Industries Pte Ltd [2003] 1 SLR 569.
- Irawan Darsono 2. Arhawishanto International Holdings Pte Ltd v Ong Soon Kiat [2002] 4 SLR 84.
- Sim Yew Thong v Ng Loy Nam Thomas and other appeals [2000] 4 SLR 193.
- Chan Chim Yee v Public Prosecutor [2000] 2 SLR 1.
- The Law Society of Singapore v Khushvinder Singh Chopra [1999] 4 SLR 775.
- Niranjan M. Lilani v Devadas Naidu & Anor [1999] 4 SLR 418.
- R. Mahendran & Anor v R. Arumuganathan [1999] 2 SLR 579.
- Lau Song Seng & Ors v Public Prosecutor [1998] 1 SLR 663.
- Mooka Pillai Rajagopal & Ors v Khushvinder Singh Chopra [1998] 1 SLR 186.
- Sundara Moorthy Lankatharan v Public Prosecutor [1997] 3 SLR 464.
- Sumitomo Bank Ltd v Kartika Ratna Thahir [1997] 1 SLR 690.
- Essen System Builders (S) Pte Ltd & Anor v Chew Boon Hee [1997] 1 SLR 671.
- Mookka Pillai Rajagopal & Ors v Khushvinder Singh Chopra [1996] 3 SLR 457.
- Khushvinder Singh Chopra v Mookka Pillai Rajagopal & Ors [1996] 2 SLR 379.
- Alrich Development Pte Ltd v Rafiq Jumabhoy [1995] 2 SLR 401.
- Ramond Selva Clement v Public Prosecutor [1994] 3 SLR 515.
- Kartika Ratna Thahir v PT Pertambangan Minyak dan Gas Bumi Negara (Pertamina) [1994] 3 SLR 257.
- Public Prosecutor v Lee Twe Jeat [1994] 3 SLR 219.
- Alrich Development Pte Ltd v Rafiq Jumabhoy [1994] 3 SLR 1.
- Sumitomo Bank Ltd v Kartika Ratna Thahir & Ors and another matter [1993] 1 SLR 735.
Unreported Judgments
- Gavin James Millar v 1. Lee Hsien Loong 2. Lee Kuan Yew, judgment dated 9 July 2007 in Civil Appeal No. 70 of 2007.
- 1. Flairis Technology Corporation Limited 2. Flairis Advanced Manufacturing Pte Ltd v 1. Gan Huan Kee 2. Chan Tien Seng 3. Khong Soo Har @ Khong Fan Kee 4. Wong Kwok Ping, judgment dated 29 May 2002 of J Lai Siu Chiu in Suit No. 723 of 2001/A.
- Sutjiawang Johanis Alias Tjia Eng Liong v Tjia Eng Soei, judgment dated 30 April 2002 of J Rubin in Suit No. 600025 of 2000.
- Finnian Tseng Cheng Yao & anor v Tan Kah Imm, judgment dated 15 November 1999 of JC Amarjeet Singh in OS No. 735 of 1998.
- Ismail Bin Sumali v Public Prosecutor, judgment dated 23 September 1994 of J Chao Hick Tin in CRA16 of 1994.
- Re Arthur Leolin Price, QC, judgment dated 21 December 1994 of JC K S Rajah in OM 109 of 1994.
- Boldward Enterprises Pte Ltd v Hitachi Zosen Singapore Limited, judgment dated 9 July 1997 of J Rubin in Suit No 865 of 1994.
- Management Corporation Strata Title Plan No. 964 v Gordon Industrial Land Pte Ltd & Anor, judgment dated 19 April 1995 of J Goh Joon Seng in Suit No. 258 of 1994 (RA 222 of 1994).
- Management Corporation Strata Title Plan No. 964 v Gordon Industrial Land Pte Ltd & Anor, judgment dated 19 April 1995 of J Goh Joon Seng in Suit No. 258 of 1994 (RA 222 of 1994).
- Fritz Karl Schnell & Anor v Thomas Edward Dorn & Ors, judgment dated 30 May 1997 of J Lai Siu Chiu in Suit No 2140 of 1993.
- Public Prosecutor v Supramaniam A/L P Palani And Anor, judgment dated 27 April 1994 of JC Amarjeet Singh in Criminal Case No. 19 of 1992.
- Public Prosecutor v 1. Yacob S/O Rusmatullah 2. Mohamad Jaffar Bin Abidin, judgment dated 17 July 1993 of JC Amarjeet Singh in Criminal Case No. 15 of 1992.
- Public Prosecutor v 1) Tan Chee Hwee 2) Soon Kin Liang Joseph @ Sun Jianliang Joseph, judgment dated 31 October 1992 of JC Rubin in Criminal Case No 12 of 1991.
- Member, Singapore Academy of Law Professional Affairs Committee, Professional Values Chapter (2012).
- Included in the Approved Faculty List of the Chartered Institute of Arbitrators, United Kingdom, March 2012.
- Teaching staff, Approved Faculty List of the Chartered Institute of Arbitrators, United Kingdom since March 2012.
- Appointed to the Inquiry Panel (Law Society) for a 2 year term, starting in December 2011 to November 2013.
- Member, Membership and Social Committee with effect from 1 September 2011 to 31 August 2012.
- Member, SAL Committee on Legal Education and Studies (since 2009). Re-appointed with effect from 1 September 2009 to 31 August 2011. Appointed as Vice-Chairman in August 2011. Appointed as Chairman with effect from 1 September 2011 to 31 August 2012.
- Member, Committee on International Conference on Electronic Litigation since 2010.
- Committee Member, International Conference on Electronic Litigation: Electronic Evidence and E-Hearings under the Chairmanship of Justice Lee Seiu Kin since July 2010.
- Member, Panel of Advocates and Solicitors, Disciplinary Tribunal of the Law Society since January 2009.
- Admitted to the Panel of Arbitrators of the Singapore International Arbitration Centre, 3 year term commencing 1 June 2009.
- Member, Complaints Panel of the Singapore Pharmacy Council, 2 year term commencing 6 April 2009. Re-appointed for a two-year term commencing 21 April 2011 until 20 April 2013.
- Chairman, Junior College Law Conference Organising Committee (January 2009 to date).
- Member, International Promotion of Singapore Law Committee of the Singapore Academy of Law (16 August 2007 to December 2008; 1 September 2009 to date. Re-appointed with effect from 1 September 2009 to 31 August 2011, 1 September 2011 to 31 August 2012.
- Admitted to the Singapore Institute of Arbitrators Primary Panel of Arbitrators (since 1 May 2008).
- Appointed to the LSAS Panel of Arbitrators under the Law Society Arbitration Scheme (3 year term wef 28 May 2007).
- Nominated by the Minister for Law (pursuant to s48 of the Legal Profession Act) to serve on the Council, Law Society of Singapore for a 2 year term wef from 1 January 2005. Term extended for 2 years with effect from 1 January 2007 until 31 December 2008.
- Admitted as Fellow of the Chartered Institute of Arbitrators, UK (January 2007).
- Admitted as Fellow of the Singapore Institute of Arbitrators (April 2005).
- Appointed as Commissioner for Oaths on 1 April 2004 and as a Notary Public on 1 October 2004.
- Admitted to the Reserve Panel of Arbitrators of the Singapore International Arbitration Centre (May 2003) and main panel in June 2009.
- Appointed to Law Society Panel of mediators and Arbitrators to mediate / arbitrate on costs disputes between clients and members of the Law Society (29 December 2001 to date).
- Appointed and retained as an expert witness on Singapore law on aviation law, tort and contract law by the Boeing Company and United Airlines in the case of Susie Low and Daman Choy Kam Cheok vs United Airlines Inc., The Boeing Company, and Driessen Aircraft Interior Systems Inc, Case No. 00CC06600 heard in the Superior Court of California, County of Orange, Central Justice Centre, United States of America (May 2001 to April 2002).
- Law Society Counsellor (January 2000 to date).
- Instructor, Advocacy Skills Workshops run by the Law Society of Singapore and also the Advocacy training for the Board of Legal Education (1995 to date).
- Tutor and lecturer, Practice Law Course of the Board of Legal Education – Civil Procedure, Insolvency & Bankruptcy (1994 to date).
- Advocacy Tutor – Law Faculty, NUS (1989 to 1999, 2004, 2006).
- Independent Director – The Lexicon Group Limited, a Sesdaq listed corporation engaged in the business of publishing.
- Independent Director – Jurong Cement Limited
Law Society Appointments
- Member, Inquiry Panel (2011).
- Vice Chairman, Professional Indemnity Committee (2009)
- Member, Executive Committee of the Council of the Law Society (2008).
- Chairman, Law Society Regulatory Oversight Committee (2008).
- Member, Ad Hoc Committee to Review Rule 31, Legal Profession (Professional Conduct) Rules (PCR) (2008).
- Member, Finance Committee (2008).
- Council Representative, Civil Practice Committee (2008).
- Chairman, Motor Insurance Practice Review Committee (2006/2007).
- Chairman, Entrapment Practice Review Committee (2007 to 2009).
- Member, Sub-Committee to the Corporate Practice Committee of the Law Society to Review Proposed Legal Changes on Insider Dealing (February 2001).
- Member, Continuing Legal Education Committee of the Law Society (1999 to 2001).
- Member, Advocacy Committee of the Law Society (from 1995 to 2006).
- Member, Criminal Law Special Assignments Committee of the Law Society of Singapore (from 1989 to 2001).
- Co-author, article on ‘The Rome Convention Dealing with Damages Caused By Foreign Aircraft to Third Parties’ published in Rajah & Tann’s Lawlines, (Volume 9, Issue 2), June 2007.
- Author, article on ‘The Impact of Free Trade Agreements on Labour Mobility’, published in the Law Gazette, December 2006.
- Co-author, article on ‘Workplace Influenza Pandemic – Legal Boundaries and Best Practice’ published in Rajah & Tann’s Lawlines, (Volume 8 Issue 1), March 2006.
- Co-author, article on the Singapore perspective – ‘Pandemics and the Workplace, A Regional Analysis’, being part of an Asian-wide publication coordinated by Johnson Stokes and Masters, January 2006.
- Author, article on ‘Recent Developments In the Garnishment of Retention Monies’ published in Rajah & Tann’s Lawlines, (Volume 7 Issue 3), September 2005.
- Author, article on ‘Drafting of Charges in Disciplinary Proceedings’ published in Rajah & Tann’s Lawlines, (Volume 4 Issue 2), May 2002.
- Author, article on ‘The Domestic and International Arbitration Regimes in Singapore’ published in Rajah & Tann’s Lawlines, (Volume 3 Issue 3), September 2001.
- Co-author, article on ‘An Overview of Arbitration Internationally and in Singapore’ published in the Singapore Law Gazette, August 2001.
- Co-author, article on ‘Arbitration as a Method of Dispute Resolution’ published in Lawlines (Vol 3, Issue 1), December 2000.
- Author, article on ‘Disciplinary Proceedings in the Medical Profession’ published in the Singapore Law Gazette, May 2000.
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