Shook Lin & Bok is known for its work in complex, high-profile insolvency matters, commercial disputes, construction disputes and alternative dispute resolution. The firm is also active in fields such as banking, shipping, real estate and oil and gas. It is particularly recognised for its niche expertise in banking and financial disputes, including advising on financial product claims, restitutionary claims, security enforcement and regulatory investigation. Its insolvency practice is widely known by market observers, having played leading roles in the country’s most high-profile matters, acting for Hin Leong, Envy Global Trading, Pacific International Line, Gult Petrochem and Zenrock. Additionally, it has been involved in a number of “first” restructuring deals, such as the first pre-packaged scheme of arrangement to the first foreign company to be placed under judicial management in Singapore. The firm has long-standing and dedicated China and India practices.
David Chan and senior counsel Sarjit Singh Gill are key contacts in the firm’s disputes team and were the lead partners on a number of the highlighted cases during the research period. Other key names at the group include Yeow Khoon Ng, construction specialist Joseph Tay, shipping expert Moses Lin and IP and technology specialist Jevon Louis.
In commercial disputes, the firm is acting for HSBC against the ex-directors and ex-employees of Hin Leong Trading in claims of fraudulent misrepresentation, conspiracy by unlawful means, procurement of breach of contract and negligent misrepresentation. It has also been instructed by the Independent Panel of the Aljunied-Hougang Town Council in an action filed on behalf of the town council against its current members and elected members of parliament over alleged improper payments.
On the international arbitration front, the team successfully represented a domestic Singaporean bank in a complex arbitration claim against credit insurers. Involving cross-border elements, the firm is also assisting the Hong Kong subsidiary of a listed Chinese company to reclaim a $10 million deposit placed with a Seychelles-incorporated company in relation to an infrastructure project in Indonesia.
In a seminal instruction, team is representing KPMG Services as the liquidators of the Envy Group of Companies. The legal proceedings commenced by the clients involve several complex issues of law and fact and will probably set important precedents for the recovery of investors’ funds in fraudulent schemes. The suit against the alleged perpetrators of the fraud involves causes of action founded on, inter alia, the various statutory insolvency clawback provisions. Similar issues are engaged in the suit against the employees and originating application against the over-withdrawn investor. A central issue in each of the proceedings is whether the liquidators are entitled to recover or clawback over-withdrawn sums. This is a novel issue in Singapore law and the court’s decision will shape the legal landscape in relation to Ponzi schemes and other fraudulent entities for creditors, debtors and insolvency professionals alike.
The intellectual property litigation team, led by Louis, acted for Inzign as the defendant in a copyright infringement case brought by Siemens Industry Software. The case is the first time a Singapore court has had to consider the issues involved for a case of copyright infringement of software where the liability of the infringer arises due to vicarious liability.
On the shipping side, Chan and his team have been instructed by Teekay Group of companies for its battle against IM Skaugen SE and its Singapore subsidiary in relation to charges of unpaid hire and damages for repudiation of charterparties of vessels. This case is significant because the Singapore High Court’s decision in a previous matter sheds light on the new Section 211B moratorium provision of the Companies Act. In particular, it addresses whether an applicant for a moratorium must show evidence of support from the company’s creditors for the intended scheme of arrangement.
Client feedback
“Their advice has been consistent over how the courts are likely to interpret the facts of the case.” – Banking and financial services
