Darren’s areas of practice include both domestic and cross-border commercial litigation and arbitration, with an emphasis on joint venture and shareholder disputes, and insolvency-related litigation. He has advised and acted in various matters for international and local clients, including state-owned enterprises, insolvency practitioners, and major financial institutions.
Darren has represented clients in all levels of the Singapore Court including the Singapore International Commercial Court and the Singapore Court of Appeal.
Fluent in Mandarin, Darren has considerable experience advising and representing Chinese clients in complex legal disputes.
In addition, he has a keen interest in examining legal issues relating to the use and application of blockchain technology and artificial intelligence in our existing legal framework including issues pertaining to liability, jurisdiction, governance in decentralised systems, as well as the legal implications of deploying AI in decision-making and content-generation processes.
EXPERIENCE
Dispute Resolution - Commercial Litigation and Arbitration
- Successfully acted for the judicial managers of a Singapore investment holding company which owned and operated hospitals and other medical-related businesses in the People’s Republic of China against a former director and other co-conspirators both in the Singapore High Court and the Court of Appeal. The Court of Appeal issued a landmark decision, reported as Miao Weiguo v Tendcare Medical Group Holdings Pte Ltd and another [2021] SGCA 116 clarifying the application of the ”reflective loss” principle in Singapore.
- Successfully represented a company in the hostel and serviced residences business in a multi-million dollar claim both before the Singapore High Court and the Singapore Court of Appeal involving claims against its former directors. The Singapore Court of Appeal issued a landmark decision, reported as Sim Poh Ping v Winsta Holding Pte Ltd and another and other appeals [2020] SGCA 35, clarifying the law on the applicable standard for causation in the context of equitable compensation for breach of non-custodial fiduciary duties.
- Successfully acted for a state-owned enterprise to obtain an injunction restraining the commencement of winding up proceedings based on disputed claims worth more than US$30 million that were subject to an arbitration agreement. The Singapore Court of Appeal issued a leading decision, reported as BWG v BWF [2020] SGCA 36, on parties taking inconsistent positions in different proceedings, abuse of process, and principles of reprobation and approbation.
- Represented the majority shareholder in a leading international dyestuff and chemical manufacturer in relation to an order made by the Singapore Court to buy out the minority shareholders’ shares. There were various disputes both before the Singapore International Commercial Court and the Singapore Court of Appeal, including disputes regarding the valuation of the minority shareholders’ shares under the buy-out order (reported as Kiri Industries Ltd v Senda International Capital Ltd and another and other appeals [2022] SGCA(I) 5), assessment of costs in the Singapore International Commercial Court (reported as Senda International Capital Ltd v Kiri Industries Ltd [2022] SGCA(I) 10), and execution of judgment debts against individuals based in the People’s Republic of China (reported as Kiri Industries Ltd v Senda International Capital Ltd and another (Fan Jing, non-party) [2024] SGHC(I) 7)
- Successfully represented and advised a Singapore medical practitioner against a claim of medical negligence and the tort in Wilkinson v Downton by a former acquaintance in the Singapore High Court (reported as Tiong Sze Yin Serene v Chan Herng Nieng [2022] SGHC 170).
- Successfully represented a major shareholder and former director of a Singapore listed water treatment solutions company to resist an application by other shareholders of the company for leave to commence derivative action against him which included allegations relating to the shareholder’s failure to deliver projects in the Peoples’ Republic of China.
- Successfully represented a Singapore listed company to obtain a US$32 million award in an arbitration under the Singapore International Arbitration Centre in a dispute pertaining to the sale and purchase of hospital in the People’s Republic of China and represented the company to resist a subsequent application to set aside the award before the Singapore High Court.
- Represented a state-owned enterprise to resist a multimillion-dollar claim involving pay-when-paid arrangement, and circular trades in an arbitration under the London Court of International Arbitration.
- Represented and advised a stated-owned enterprise on claims against its former joint venture partner in Singapore and its appointed directors including claims commenced in the Hong Kong International Arbitration Centre. The dispute involved subsidiaries across Southeast Asia and Greater China.
- Represented and advised a former Chief Executive Officer against claims commenced in the Singapore High Court by a Singapore listed engineering and construction company for breaches of fiduciary duties.
- Represented and advised a developer of a computer-vision platform to resist winding up proceedings in the Singapore High Court and to resist claims commenced in the Singapore International Commercial Court.
Restructuring & Insolvency
- Advised and assisted an international energy solutions company in relation to a scheme of arrangement proposed by a global marine bunkering group listed in Hong Kong including the provision of advice relating to lock-up agreements proposed as part of the scheme.
- Advised and assisted major local and international financial institutions in the proposed restructuring of a group of companies in the marine industry which involved negotiations relating to a collective sale agreement of vessels and a proposed scheme of arrangement. The group was helmed by a company listed on the Singapore Stock Exchange and is an established owner and operator of offshore vessels, and provider of subsea and shipyard services.
- Advised and acted for an international hospitality company in relation to its corporate restructuring, and rent-relief negotiations with landlords in Australia pursuant to the COVID-19 Pandemic.
- Advised and acted for a global maritime company in relation to the proposed voluntary liquidation of its Singapore subsidiary and in the successful application to wind up a debtor attempting to stave off winding up by commencing emergency arbitration in the Singapore International Arbitration Centre. Also advised the global maritime company in negotiations with a foreign government body relating to the demanning and decommissioning of a floating production storage and offloading unit.
- Successfully represented a local bank in Singapore before the High Court and the Singapore Court of Appeal in bankruptcy proceedings against a debtor in relation to a multimillion-dollar loan. The High Court and the Singapore Court of Appeal considered issues of undue influence and independent advice in the grant of loans.
