Business, Shareholders & Partnership Disputes

Conflicts between partners or shareholders in a partnership or company are inevitable.  We act in shareholders’ and directors’ disputes, statutory derivative actions, partnership disagreements and investment issues.

In pursuing or defending any claim, we aim to advance our clients’ ultimate objective by executing a bespoke playbook, whether it is an exit or a buyout. In this regard, we are experienced in designing or submitting the most efficacious valuation process for our clients.

Our experience includes:

• Successfully applying to enforce a settlement agreement valued at US$4,165,675 made pursuant to mediation at the Singapore Mediation Centre in a cross-border dispute between Vietnamese and Australian shareholders of a Singapore holding company, raising interesting issues on the grounds for setting aside an expert valuation resulting in a written judgment in Teo Lay Gek & Another v Hoang Trong Binh & Another [2019] SGHC 84.

• Successfully represented claimant in a minority oppression claim and obtained a share buyout order.

• Acted for minority shareholder in an application to wind up a company on just and equitable grounds and prejudicial and unfair conduct by majority shareholders and directors.

• Acted for claimants in a SIAC arbitration claiming breach of warranties and non-compete covenants arising from the acquisition of majority shareholding in a waste treatment and environmental consultancy company; successfully obtained emergency interim injunctive relief.

Competition & Antitrust

Being the subject of investigations for anti-competitive conduct can be immensely stressful for business.

More than just a listening ear, we believe our clients deserve dedicated support and honest counsel. Our team has expertise in defending corporations against antitrust claims both at first instance and appeal stages, including obtaining favourable outcomes at the Competition Appeals Board and advising on competition law issues.

Our experience includes:

• Acted for food importers and distributors in respect of a Competition and Consumer Commission of Singapore (CCCS) charge under section 47 of the Competition Act for alleged price fixing, market sharing, and engaging in anti-competitive discussion in Singapore’s largest competition case (total financial penalty amounting to S$26.9 million). This is the first successful appeal on liability before the Competition Appeals Board (CAB). Read our Case Update.

• Advised on competition law compliance policy.

Fraud & Asset Recovery

Fraud and asset recovery matters require lawyers who pay attention to detail and have wide-ranging expertise. As a full-service law firm, we draw from the wealth of experience our team has in the specialist areas of dispute resolution, data protection, intellectual property, regulatory and compliance, employment, property, and investments, banking, and finance among others.

Our experience includes:

• Acted for a Singapore-regulated Fund Management Company and Managing Partner in defending a fraud claim of more than US$2.4 million in misrepresentation, breach of contract, and conspiracy involving a share option.

• Acted for a reputed large wine merchant in more than 20 suits, claiming in conversion and unjust enrichment, involving commercial fraud concerning about a total of S$7 million in value.

• Advised and acted for an investment company in a claim against an investment bank relating to an oil rig financing transaction.

Property Ownership & Trust Disputes

Singapore as a jurisdiction has seen the growth of disputes involving real estate ownership between co-investors of property, the factual matrix of which often involves complex trust concepts. Our team of dispute lawyers possess deep domain knowledge in this area that would help clients navigate out of the tangled web.

Our experience includes:

• Represented a joint beneficiary of an estate in obtaining an order for sale of a shophouse worth S$4 million which parties to the litigation jointly inherited many years ago.

• Acted for a successful businesswoman in defending claims in trust and unjust enrichment from an ex-lover of over S$8 million in real estate and movable property.

• Advised and acted for more than 40 subsidiary proprietors in a multimillion-dollar claim against a Singapore-listed developer’s subsidiary for exiting a S$95 million collective sale deal.

Construction & Engineering

Construction disputes often involve claims of defects, delay, or disruption of construction activities, liquidated damages, and calling of performance bonds, among others.

We advise on construction disputes: acting in adjudication proceedings under the Building and Construction Industry Security of Payment Act (“SOPA”), claims and contested hearings before the courts, and arbitration proceedings. We have acted for owners, contractors, sub-contractors, and others involved in the construction industry.

Our experience includes:

• Acted for a company in the offshore industry in a dispute involving a multi-million dollar EPCIC contract; acted for the same in an application for an urgent ex-parte injunction to restrain the call on a performance bond.

• Assisted in representing a hydraulic engineering company in a SIAC arbitration in a dispute involving a contract for the design, supply, construction, installation, testing and commissioning of hydraulic systems for a landmark local attraction.

• Acted for a construction company in claims for breach of contract, defending claims alleging multiple defects and delay in completion.

• Advised and acted for a property developer in a claim arising from breaches of contract and misrepresentation in relation to the sale of a property, and losses incurred due to consequent delays to redevelopment plans.