Some significant transactions which we have worked on include:
International commercial arbitrations
- Acting for the American minority shareholders of a large Korean insurance company in arbitration proceedings against the majority shareholders in connection with the majority shareholder’s conduct of the business affairs of the Korean company, governed by Korean law. The claims exceeded US$1 billion in value.
- Acting in a Philippines law international arbitration for the owners of a steel plant in Philippines in a dispute involving various financial instruments and the failure of the vendors to provide title to the plant free of encumbrances attributable to certain tax liens, which involves claims and assets in the region of US$1 billion, for which a favourable partial award valued in the region of US$700 million has been obtained, and is now representing the owners in the Singapore Courts in resisting 3 separate applications to set aside the partial award.
- Acting for a leading global oil and gas service provider, publicly listed on the main board of a South East Asian country, in claims against an African oil and gas contractor specialising in well construction and remedial services. The claims involve unpaid sums said to be wrongful withheld under an agreement for the acquisition of shares in a company owning significant oil & gas related assets. The respondent has also made counterclaims arising from allegations of warranty breaches. The proceedings are administered by the SIAC, under the SIAC Rules of 2013, and the issues involved concern Singapore law and Nigerian law.
- Acting for a Chinese subsidiary of a global cosmetics company in a dispute with its joint venture partner following an US$800 million buy-out by an international brand. Hong Kong law and SIAC rules apply.
- Acting for a global vendor of building efficiency products and services in an ad hoc arbitration against a subsidiary of a global conglomerate over disputes arising from the design and construction of a cooling plant in Singapore. The disputes involve complex and highly technical issues of high voltage electrical design and equipment manufacture, as well as on the design, engineering, operation and maintenance of cooling plants.
- Acting for a Cayman-registered company in an ICC dispute against a subsidiary of a European conglomerate, in a dispute arising from an agreement for the sale and purchase of shares in a public-listed manufacturing company in Asia.
- Acting for a European multi-national company in disputes arising out of an agreement for the construction and supply of wind turbine generators located in the northeastern region of Thailand. The issues in dispute include claims of delays and disruptions in works, alleged defects, and for unpaid amounts owed.
- Acting for a company in a dispute over a US$450 million sale and purchase of shares in a rubber production company. Singapore law applies.
- Acting for one of the largest Asian private mining entities in a US$100 million SIAC dispute over engineering, design and procurement defects and deficiencies against an Australian contractor.
- Acting for a major property developer in an arbitration on various disputes and issues arising from its US$140 million contract for the sale and purchase of a major mixed commercial residential and retail complex in Vietnam, governed by Vietnamese law. The arbitration gave rise to a challenge against the office of the Emergency Arbitrator appointed on the application by the purchaser for certain interim reliefs – a first under the particular arbitration rules.
- Acting for a significant oil and gas entity in relation to a US$44 million claim over the sale and purchase of shares in two oil and gas exploration companies under SIAC rules. The claim arises from the sale of two oil and gas companies in Indonesia, and the allegations that the basis of certain tax obligations were not accurate. In particular, the cases involves complex issues of the arbitrability of tax disputes, and also the implementation of a new legislation relating to the sale of oil and gas companies under Indonesian law.
- Representing the regional arm of a leading global construction corporation in respect of an SIA arbitration involving a dispute against a Singapore company regarding the construction of a prestigious office development. The dispute is governed by the laws of Singapore. The disputed amount is estimated at S$40 million. The dispute involves issues of delay and concurrent delay, prolongation, extensions of time, liquidated damages, variations, defects liability and warranty claims.
- Acting for and assisting a Korean bank in a successful recognition and enforcement of a foreign arbitral award in Cambodia against a Korean developer. Although applicable Cambodian law allows for the recognition and the enforcement of foreign arbitral award, there has always been a doubt from foreign investors as to how much effective the enforcement would be. After many years of battlefields with respect to procedural issues in Cambodia, the award was finally recognised and enforced based on its whole content without dwelling into the merit of the case. The deal value is approximately KRW 51 billion. This is the first enforcement case of foreign arbitral award in Cambodia.
- Defending a State against a US$1 billion claim for changes to the regulation of the electricity generation market.
- Defending a State in ICSID annulment proceedings in relation to the prosecution of individuals for the collapse of a bank leading to a US$750 million buyout.
- Advising a State in a potential claim in respect of changes in the regulation of the mining industry.
- Acting as party-nominated arbitrator in a claim brought by a Mauritian entity against the Government of India, in a treaty arbitration involving the telecommunications industry.
- Acting for and advising a South East Asian government in respect of the termination of a US$2 billion mining and power generation concession and the resultant arbitration proceedings in Kuala Lumpur.
- Defending a State against allegations of a failure to expeditiously enforce an award in relation to a mining joint venture dispute.
- Representing a global company in proceedings against an African State for the failure to protect property from damage during civil unrest.
Applications for arbitration-related court applications
- Acting for the owners in a Philippine steel plant in defending a US$700 million award in the Singapore courts.
- Acting for the successful party in the first-ever antisuit injunction application to reach the Court of Appeal.
- Acting for a State-owned entity in obtaining an antisuit injunction in relation to a significant oilfield project valued at over US$200 million.
- Acting for a party in applying for a deposition of witnesses in relation to a foreign arbitration valued at over US$300 million.
- Advising an independent power producer in a dispute arising out of an EPC Contract for the construction of a combined-cycle gas turbine power plant, governed by Malaysian law. The claims involved exceed US$50 million.
- Advising the concessionaire of a BOT highway project in a dispute with a Government highway authority arising out of the construction of the highway project, governed by Indian law.
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