[INTERNATIONAL ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR)]
Our International & Domestic Arbitration Practice is capable of dealing with complex and high stakes arbitrations, be it international or domestic ones. Our international clientele includes international contractors from China, South Korea, Japan, multinational corporations and venture capitalists from ASEAN countries, the Indian Sub-Continent, the Pacific Islands, South America and Western Europe. We are well connected with foreign practices in jurisdictions such as China, England and Wales, Hong Kong, Indonesia, Korea, Malaysia, Mauritius, Myanmar and Vietnam, and thus able to give you the best possible team and bespoke advice to deal with your legal problems with foreign law elements.
We handle disputes across various industry sectors including the construction, infrastructure, energy and natural resources, international trade, transport, telecommunications and food & beverage industries.
Our team is especially lauded for its dispute resolution capabilities ranging from mediation, litigation and arbitration to arbitration-related litigation such as enforcement of foreign arbitral awards or resisting enforcement of foreign arbitral awards in Singapore.
We have experience in arbitration governed by the rules of and under the auspices of arbitral bodies, such as HKIAC, ICC, LCIA, LSAS, MIAC, SIA and SIAC. We also receive instructions to act in arbitration related litigation such as enforcement/ resisting enforcement of foreign judgments or arbitral awards in Singapore and enforcing Judgments or Awards issued in Singapore overseas. Every lawyer in our practice has appeared before all levels of the Singapore Courts.
Our arbitration practice is led by our Managing Director, Mr Timothy Ng. He was actively involved in the launch of the inaugural Law Society Arbitration Rules and was counsel for the successful party in the first arbitration proceedings governed by the Law Society Arbitration Rules. Timothy is on the panel of arbitrators of the Singapore Institute of Arbitrators, the Asian International Arbitration Centre and the Law Society of Singapore.
We are able to advise and represent clients in arbitrations relating to a variety of matters, including but not limited to:
1. Corporate Disputes including those involving fraud and asset tracing;
2. Commercial Disputes;
3. Construction Disputes including those relating to ship and oil rig construction;
4. Infrastructure Disputes including those relating to airports, sea ports, water, power and other industrial plants and highways; and
5. Matrimonial (only Ancillary Matters).
Some of the cases handled by members of our arbitration practice include the following:
A) Arbitration Related Litigation
– Advised and acted for a Singapore-incorporated worldwide distributor of sports-related content in an application to resist the enforcement of a foreign arbitral award of around US$ 5 million in Singapore. The arbitration which involved several parties from the Indian Subcontinent and the Middle East and an underlying contract governed by the Law of Mauritius, was seated in Mauritius and conducted under LCIA-MIAC rules.
– Advised and acted for a high net worth PRC client to resist the enforcement of a HKIAC award in excess of US$ 130 million brought by subsidiaries of a Fortune 500 MNC. The matter involved issues of foreign direct investment under Chinese Law and the arbitration was seated in Hong Kong SAR and was under HKIAC rules.
B) International Arbitration
– Advised and acted for a leading Thai Beverage And Alcohol Conglomerate in its dispute with its European Joint Venture Partner. The amount in dispute was in excess of US$500 million. The Joint Venture Agreement (“JVA”) was governed by Singapore Law, the seat of arbitration was London and the arbitration was under ICC Arbitration Rules.
– Advised the buyers of a former Singapore subsidiary of a French Company in its dispute with the vendors. The Sale and Purchase Agreement was governed by Singapore Law. The seat of the arbitration was in Paris and the arbitration was under ICC Arbitration Rules.
C) Domestic Arbitration
– Acted for the main contractor for the taxiway of Changi Airport in its dispute with the pavement subcontractor. The amount in dispute was in excess of S$75 million.
– Acted for the main contractor of an international business park in its contractual dispute with the Developer (a government linked company) over piling works carried out by the piling contractor. The amount in dispute was in excess of S$50 million. The building contract incorporated the Public Sector Standard Conditions of Contract (“PSSCOC”).
– Acted for a specialist piling subcontractor in its dispute with the main contractor of a condominium in respect piling works and other substructure works carried out by the specialist subcontractor. The amount in dispute was in excess of S$50 million. The piling subcontract incorporated the Singapore Institute of Architects (SIA) Conditions of Sub-Contract.
– Acted for the main contractor of a government school redevelopment project. The plumbing and sanitary subcontractor (“the Subcontractor”) commenced statutory adjudication proceedings against our client for alleged outstanding payments arising from perceived variations. The said adjudication application was dismissed completely. On our advice, the main contractor then commenced arbitration proceedings against the Subcontractor and successfully obtained damages in excess of $2million for delays and defective work. Amount in dispute was approximately $3million.
– Successfully resisted the aforesaid Subcontractor’s application to High Court for leave to appeal against the arbitral award.
– Successfully resisted the aforesaid Subcontractor’s subsequent appeal to the Court of Appeal against the High Court’s decision to refuse leave to appeal against the arbitral award.