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International Arbitration

Singapore

  • Representing a large Asian contractor against the developer of a commercial building constructed in the 1990's at a cost of about S$43 million in a prime area of Singapore.
  • Representing as counsel in claims against an Asian airlines in an ICC arbitration. The matter arose from an incident involving an jet engine failure in mid-air. The arbitration hearing took place over 9 days in Singapore.
  • Representing the Claimant who entered into a joint venture with the Respondent to acquire the controlling interest in a major Singapore property developer listed on the SGX-ST.  The Claimant commenced arbitral proceedings to resolve disputes arising out of a term sheet governing the rights and obligations of the joint venture parties.  The Claimant has claimed damages in the region of S$270 million.
  • Representing the Respondent who sold its business to the Claimant pursuant to a sale and purchase agreement ("SPA") for the sum of US$ 263 million. The Claimant subsequently alleged that the Respondent had breached certain warranties under the SPA and commenced arbitration claiming the sum of approximately S$30 million in damages.  The Respondent counterclaimed for the sum of approximately US$25 million.
  • Representing a joint venture party in a SIAC arbitration arising out of a term sheet governing the rights and obligations of the joint venture parties in respect of their acquisition of the shares of a major property developer in Singapore. The amount involved was approximately S$300 million.
  • Representing a major European contractor against a Singapore statutory board in an arbitration arising out of a contract for the construction of metropolitan railway stations, tunnels and neighbouring infrastructures. The amount claimed by the client is in excess of S$100 million and the counterclaim put forth by the respondent is in excess of S$150 million. The arbitration is governed by the SIAC Rules and seated in Singapore.
  • Represented an international main contractor against sub-contractors and project partners in multiple arbitrations arising from a major rail project, each under different institutional rules and governing laws, including those of Singapore and the People Republic of China with claims exceeding US$35 million.
    Representing a Singapore listed company in an ICC Arbitration in Paris against a Danish company whose claim was in the region of Euro 13.2 million to Euro 47.6 million and which arose from the acquisition of a business directly related to the airline industry.

Malaysia

  • Representing the main contractor/concessionaire in an arbitration with an international tunnelling company arising out of a construction of a network of interconnecting, multipurpose underground tunnels for storm water drainage and road traffic in one of the world's largest tunnelling projects. Contract is governed by Malaysian law. The claims involved exceed US$100 million.
  • Representing an independent power producer in 2 separate disputes arising from the interpretation and implementation of a power purchase agreement between the power producer and the national power authority. The arbitration is administered by the KLRCA under the KLRCA Rules of Arbitration with its seat in Kuala Lumpur. The disputed amounts involved are RM30 million and RM45 million respectively.
  • Representing an independent power producer in a dispute arising from the interpretation and implementation of a power purchase agreement between the power producer and the national power authority. The arbitration is administered by the KLRCA under the KLRCA Rules of Arbitration with its seat in Kuala Lumpur. The disputed amounts are in the region of RM120 million. Merit hearing concluded in 1st quarter of 2009.
  • Representing one of the largest independent power producers in Malaysia in a dispute arising from the interpretation and implementation of a power purchase agreement between the power producer and the national power authority. The arbitration is administered by the KLRCA under the KLRCA Rules of Arbitration with its seat in Kuala Lumpur. The disputed amounts are in the region of RM130 million. Merit hearing concluded in August 2009.

Indonesia

  • Representing the subsidiary of a multinational company as Respondents in respect of an estimated US$25 million claim for alleged breach of contract in Indonesia. The complex arbitration under the SIAC Rules involves various issues including contract, competition and environmental law.
  • Representing a Guernsey trust in a contractual dispute with a major Indonesian pulp producing corporation arising from various pulp purchase agreements. The pulp purchase agreements in question provide for international arbitration in Singapore under New York law. The claim amount was around US$70 million. The arbitration process is ongoing.
  • Representing two subsidiaries of a Singapore listed company in an international arbitration claim against their Indonesian and Dutch joint venture partners for breach of contract. The joint venture business between the parties, which was the subject-matter of the arbitration, involved the construction, installation and maintenance of base transmission stations for mobile phone networks in Indonesia.

Philippines

  • Representing the world's largest diversified mining group in an arbitration, under the UNCITRAL Rules of Arbitration, between its locally-incorporated company in the Philippines against several local joint venture partners in an action for breach of a US$1.5 billion joint venture agreement involving a mining concession of nickel deposits in the southern islands of the Republic of the Philippines. The governing law of the contract is Philippines.
  • Representing the owners of two steel plants in the Philippines in a pending SIAC arbitration in respect of their claim against various parties for breaches of their obligations under certain agreements in relation to the sale and purchase of the plants. Claims are valued at more than US$800 million.
  • Representing as Singapore counsel for a government body in an International Chamber of Commerce arbitration on a contractual dispute arising out of a high-profile bid for a complex and large-scale construction project (Terminal 3 of the Ninoy Aquino International Airport). The claim is valued at more than US$500 million and the counterclaims approach US$1 billion.

South Asia

  • Representing an Indian technology company against a large Japanese listed conglomerate in a dispute over a Joint Venture agreement to develop Remote Automatic Meter Reading (RAMR) technology for the Indian electricity market.  The dispute was litigated before a 3 member international Tribunal, under the ICC arbitration rules with the hearing being held in Singapore.  The claim against the Japanese company was for breach of the joint venture agreement, misuse and unauthorised copying of the technology developed by the Indian company.
  • Representing an US-based software development company as the claimant in a SIAC arbitration against an India-based software and services distributor. The dispute arises out of breaches by the respondent of the terms of a distribution agreement, with claims against solicitation of customers and competition, infringement of intellectual property rights, and loss of revenue.  The claims put forward are in excess of US$36 million.
  • Representing a claimant in relation to disputes arising out of a Call Option Agreement (COA) over a piece of land situated in India (Goa). The claimant sought declarations that respondent has breached the COA and are not entitled to terminate the COA. The respondent counterclaimed that they are entitled to terminate the COA and that claimant is in breach by obtaining injunction in Goa preventing the respondent from doing so. The claim was provisionally quantified at S$7.5 million solely for purposes of calculating costs of arbitration (because reliefs are all declaratory in nature).

Unable to specify location in Asia for reasons of confidentiality

  • Representing the government of a South East Asian country in an international arbitration arising from the termination of a mining and power generation concession against the concession holder with claims exceeding US$3.1 billion.
  • Representing an Australian integrated engineering and services contractor against an oil major in a dispute over the construction and completion of a geothermal power station in an Asian country. The amounts in dispute amounted to US$107 million.

Outside Asia

  • Representing a Malaysian consortium in claims and potential arbitration against an oil concession in North-East Africa in relation to a US$232 million Engineering Procurement Construction and Commission contract for a Marine Export Terminal Facilities for crude oil.
  • Representing a well-known telecommunications carrier in the United States in a multi-million dollar international arbitration claim against the Chinese national telecommunications carrier for breach of contract. The dispute involved six international half-channel private telecommunications lines (originating from the US) which the clients leased to the respondents for the latter to provide Internet services to their customers in China. Issues relating to the tax and regulatory framework of the US telecommunications industry, which necessitated the calling of expert evidence on US law, were raised in the arbitration.



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