Commercial Litigation
Whilst alternative dispute resolution has grown in recent years, many commercial disputes continue to appear and be resolved through litigation in the courts. These can involve breach of contract, breach of director duties, shareholder and partnership disagreements, fraud, misrepresentation, tortious actions, and many other issues. The stakes are often high due to the business interests involved; hence it is critical to engage counsels who are proficient in both the law and court procedure.
Our lawyers are all Singapore qualified and have the right of audience before all levels of the Singapore Courts. We have also appeared before appellate courts (including the Singapore Court of Appeal) and specialized courts (such as the Singapore International Commercial Court). We possess the experience, strategic acumen and unwavering dedication necessary to navigate the complexities of litigation and secure an optimal outcome for our clients’ business interests.
Notable Briefs
The appeal relates to whether the Singapore litigation proceedings should be stayed in favour of an exclusive jurisdiction clause for disputes to be resolved in the English courts. Leave was granted by the learned Justice Choo Han Teck, who held that the appeal would involve a question of importance upon which further argument and the Court of Appeal’s decision would be to the public advantage. The reported decision in Reputation Administration Service Pte Ltd v Spamhaus Technology Ltd [2020] SGHC 240 is available here: https://www.elitigation.sg/gd/s/2020_SGHC_240.
The claims involve breach of trust relating to trademark, misuse of company confidential information, statutory offences under Singapore’s employment legislation, and diversion of company funds. The reported decision by the learned Judicial Commissioner Goh Yihan (as he then was) in Syed Ibrahim Shaik Mohideen v Wavoo Absulsalam Shahul Hameed and others [2023] 4 SLR 1106 is available here: htps://www.elitigation.sg/gd/s/2022_SGHC_307. The case has also been cited in Singapore Academy of Law’s Annual Review commentary on Company Law (2022) 23 SAL Ann Rev 197.
The subject matter company specialises in coal trading from various markets including Vietnam, India, Korea, Australia and Russia. After successfully obtaining leave from the learned Justice Hri Kumar Nair, we commenced the derivative action and obtained a favorable settlement for the client via institutional mediation at the Singapore Mediation Centre, which included recovering full ownership and management of the company.
The trial took place before the learned Justice Choo Han Teck and judgment was obtained within less than a year from commencement of the Singapore Court proceedings. We continued to assist the client in their enforcement proceedings in Dubai (where the defendant is listed in the Dubai International Financial Centre).
The client is part of a German-founded group which is an industry leader in water management. The claim was brought by a Singapore water treatment company incorporated by the client’s ex-employee, who alleged that the client had requested for procurement of loans and those loans were not repaid. Through our assistance in the court proceedings and negotiations with the counterparty, the claim was eventually discontinued with costs payable to the client.
