Qualifications |
Chief Executive Officer
LITIGATION AND DISPUTE RESOLUTION
About Davinder
Davinder is the Chief Executive Officer of Drew & Napier LLC. He graduated from the National University of Singapore in 1982 and joined the Litigation Department of Drew & Napier thereafter.
Since 2004, Chambers & Partners has continually recommended Davinder for his excellent litigation work. “Very much the lead litigator among the Singaporeans,” Davinder Singh SC is “the gold standard,” state interviewees. Handling all areas of litigation and international arbitration work, this “extremely gifted advocate” is “as skilled as can be.” (Chambers Asia 2009). Davinder was the only Singaporean litigator who was ranked a Star Performer, a category above Band 1, by Chambers Global Guide to the World’s Leading Lawyers 2007 and esteemed as “a cut above the rest and the best in the business”. He is also described as “a master at handling complicated facts and law” (Chambers Global 2004/2005).
He is recommended as one of Asia’s top lawyers in Asia Law Profiles 2002 in the area of dispute resolution. In addition, he is listed as one of Asia’s top litigation lawyers for 1999, 2000 and 2001 in Asia Law Leading Lawyers.
Davinder is also one of only 5 Singapore nominees to be listed in An International Who’s Who of Commercial Litigators. He is also recommended as a leading insolvency and restructuring lawyer by Euromoney Legal Media Group’s publication, Expert Guides (2000) and biennial publication, International Who’s Who of Insolvency & Restructuring Lawyers, in 2007 and 2009. In Who’s Who Legal 2008's first-ever Singapore report he is named as a leading lawyer in Commercial Litigation, Arbitration, Business Crime, and Insolvency & Restructuring.
Davinder was recently selected by his peers for inclusion in The Best Lawyers in Singapore 2008 in the fields of Arbitration and Mediation, as well as Litigation. He was also listed in the "Bet the Company" category, an honour only reserved for litigators at the top of the field.
The International Financial Law Review (IFLR) 1000 also lists Davinder as a leading individual for 2008 to 2010.
UK magazine In Brief writes that “Davinder Singh, ‘an intellectual scythe, cutting through his opponent’s arguments’, of Drew & Napier remains the region’s “best respected and most feared litigator” [May 2001].
Areas of Practice
Davinder has litigated cases in almost every area of the law, many of which are landmark cases in each of those particular areas. He has an extensive litigation practice covering areas including Banking and Corporate Litigation, Civil and Commercial Litigation, Intellectual Property, Banking, Insolvency, Defamation, Fraud, Trust, Tort and Negligence. He has appeared as Counsel in several high profile white-collar crime cases. Davinder has also been appointed as an arbitrator.
Experience
The following are some of the matters Davinder has litigated:
Banking Cases
- A landmark case involving fraudulently issued cashiers’ order and gaming contracts.
- Acted in a claim against an Italian bank in excess of US$11 million, involving issues of multi-jurisdictional fraud, the nature of SWIFT transactions, and the question of the proper forum.
- Acted for a syndicate of banks in a series of related cases for recovery of monies advanced under syndicated loan facilities, and opposing a claim by a guarantor for an account of option securities.
- One of the very few cases in Singapore on the legal enforceability of letters of comfort.
- Represented a global US bank in a multi-million dollar claim against two directors/shareholders of a Singapore public-listed company under a Deed of Undertaking.
- Successfully defended a Swiss investment bank against a claim by a former customer of its private banking department.
Company Law Cases
- Action for winding up of various companies on the just and equitable ground based on break-down of mutual trust and confidence when the company is a quasi-partnership.
- Representation of several banks in an action between the liquidators and bank creditor for determination of validity and enforceability of Letters of Hypothecation where the charges were unregistered.
- Oppression proceedings under the Companies Act, including a leading case on the procedural aspects of oppression proceedings and the relationship between proceedings under sections 216 and 254 of the Companies Act.
- Representation of several banks in action between a liquidator and bank creditors to determine the nature, validity and enforceability of letters of hypothecation where such securities were registered as charges under the Companies Act and priority of the competing claims.
- Action involving powers of a provisional liquidator and their entitlement to a lien over company assets.
- Representing a minority shareholder of a group of companies in a minority oppression action against the majority shareholders. The assets of the group, which include a well-known commercial building in Singapore, were worth over $200 million.
Constitutional Cases
- Advised in relation to constitutional issues arising from the Singapore and Malaysian Constitutions.
Contract/Commercial Cases
- Acted for patriach of Main Board listed Eng Wah Organisation, Goh Eng Wah, in a personal claim under a shareholders incentive agreement against Daikin Singapore, Daikin Industries Limited and three of Daikin Singapore's former directors. This case raises issues on imposition of fiduciary/directors duties and could possibly extend the law on constructive trust in Singapore.
- Successfully obtained judgments in a multitude of related High Court claims / counterclaims approximating $100 million for breach of contract / breach of trust involving a multinational group of companies.
- Acted for a company in a claim against a listed company for breach of contract, resulting in a judgment for an amount in excess of US$40 million.
- Acted in one of the most high profile cases of 2000/2001, over control of the Raffles Town Club, where over $300 million was at stake.
- Acted for a developer at both trial and appellate level against 29 purchasers for failure to complete the sale of commercial property.
- Acted between individual and health seminar provider regarding the sale and purchase of commercial property.
- Represented prominent Indonesian businessman Anthony Salim in an action against a consortium of Japanese Banks and Sumitomo Corporation for the return of securities worth some US$100 million.
- Advised on potential breaches of a gas sales agreement and gas transportation agreement containing take-or-pay and ship-or-pay provisions and issues relating to third party access to the international gas pipeline.
- Acted for international institutional investors, in an action commenced in the High Court against a company, its directors and related companies, for conspiracy to commit fraud, in relation to certain bonds issued by the company. The claim is in excess of US$150 million.
- Counsel in a series of related cases involving setting aside search warrants use of documents obtained under compulsion for collateral purposes and defamation proceedings.
- Represented insurance giant AIA in a potential dispute with its policyholders over policies with the “critical year” feature.
- Acted for an Indonesian company in an action against the same consortium of Japanese Banks and Sumitomo Corporation.
- Acted for a NYSE-listed company, in a dispute arising from a proposed S$60 million takeover (by way of a scheme of arrangement) to acquire all the issued ordinary shares of a Singapore-listed company under the Singapore Code on Takeovers and Mergers.
- Acted for a Canadian public company, Energy Power Systems Limited (n.k.a. Enernorth Industries Inc) in a dispute with Singapore-incorporated Oakwell Engineering Limited concerning a Settlement Agreement between the parties.
Crime
- Appointed as Amicus Curiae by the Singapore Criminal Court of Appeal
- Acted in a variety of criminal appeals
- Defended an accused in a market-rigging case involving the shares of Mid-Continent Equipment Group
- Conducted the appeals against the conviction and sentence of two directors of the top marine fuel oil suppliers in Singapore, who were convicted under Section 6 of the Prevention of Corruption Act, in respect of the supply of marine fuel oil to ships and their role and involvement with surveyors. Both cases were part of a high profile operation by the Corrupt Practices Investigation Bureau and the Maritime & Port Authority of Singapore.
- Defended a managing director of a Singapore-listed company against alleged offences under the Securities Industry Act (now known as the Securities and Futures Act) based on charges of alleged market manipulation, and making of alleged false and misleading statements in a public announcement to the Singapore Exchange Securities Trading Limited.
Insolvency
- Successfully obtained an injunction to restrain an international bank from presenting a winding up application to wind up a major rig building company in Singapore. This case established that where a solvent company does not admit a debt and is prepared to offer security to defend the claim, no winding up application would, as a matter of principle, be allowed.
- Acted for a Main-Board listed company and successfully struck out a claim by an individual for shares in a joint venture subsidiary company, pursuant to an alleged oral contract the latter had allegedly entered into when he was an undischarged bankrupt. The case involved complex and novel issues in bankruptcy law.
- Acted for Asia Pulp & Paper in one of the largest debt restructurings ever to take place in Asia. The APP group has more than 150 companies in various jurisdictions worldwide, including China, India, Indonesia and Singapore. The representation also involves obtaining injunctive relief in aid of the restructuring and Court sanction for schemes of arrangements in various jurisdictions.
- Advised the Thakral Group of companies, which includes the listed vehicle of Thakral Corporation Ltd, in the restructuring of the Group borrowings from banks and financial institution, amounting to US$450 million. The Thakral Group has more than 200 companies worldwide, including USA, China, Hong Kong, India, and Singapore, and its main businesses are the trading and distribution of consumer electronics, replication and distribution of home entertainment software and contract manufacturing. The restructuring exercises involve cross-border issues and the institution of parallel proceedings in different jurisdictions. We were also involved in the negotiations leading up to the preparation of the scheme documents and represent the Group in various Court applications seeking the necessary sanctions from the Court.
- Also advised Thakral Brothers Pte Ltd in the restructuring of its borrowings from banks and financial institution, amounting to over $300 million, by way of a scheme of arrangement in Singapore.
Intellectual Property Cases
- Successfully represented Trek Technology in enforcing ThumbDrive patent in patent infringement actions involving the thumb sized USB computer data storage devices.
- Acted for an international fast food giant in a trade marks opposition to registration of "Mac" prefixed marks (namely, "MacTea", "MacChocolate" and "MacNoodles") by a Singapore company.
- Counsel in the Passing Off action in the hotel industry involving use of the “Millenia” name
- Counsel of appellate level in the Court of Appeal in the opposition proceedings to the registration of the “Tiffany” trademark.
Land Law Cases
- Defended claim for adverse possession of land.
- Acted between a receiver appointed under a debenture and purchasers of property involving issues of assignment of equitable leases and misrepresentation.
Partnership
- Acted in partnership disputes between partners of law and accounting firms.
Tort Cases
- Successfully represented SPH and senior correspondent Susan Long in a defamation suit brought about by Mr T.T.Durai, CEO of NKF, for an article written by Ms Long, which stated that a gold- plated tap had been installed and later replaced in the bathroom in Mr Durai’s office suite. The NKF and Mr Durai contend that this was not the case and that the words in the article, “The NKF: Controversially ahead of its time?” had damaged their reputation by implying that donor’s funds were being misused. Mr Durai and the NKF had withdrawn the suit and now acknowledged that the article in question was accurate and fair.
- Successfully defended MediaCorp, Singapore’s largest broadcast media company in a copyright infringement action which concerns claims of groundless threats of copyright infringement as well as a counterclaim for copyright infringement.
- Representation of plaintiff in a series of defamation cases regarding defamation statements made by another during and after the 1996 general elections and during the 2001 general elections.
- Representation of plaintiff at appellate level in defamation proceedings regarding defamatory statements
- A leading decision on the evidence required to support an allegation of defamation.
- Defending clients in two libel suits arising from a newspaper article relating to resolutions proposed to be passed at a highly publicised Extraordinary General Meeting of NatSteel Ltd, a Singapore-listed company which was the subject of a high-profile takeover battle in 2002/2003.
Trust Cases
- An action involving a claim for breach of trust in respect of assets worth about S$100 million and a third party claim for breach of trust, breach of fiduciary duty, undue influence and unconscionability and setting aside option for purchases of shares.
- A contested probate matter involving a multi-million dollar estate and issues of secret trusts.
- Acted for and advised a defendant in relation to a family dispute arising from the administration of various estates and assets alleged to be worth over S$100 million and a Deed of Settlement, amidst allegations of unconscionable bargain and undue influence.
Statutory Compliance Cases
- Defended a claim by the Singapore Government for proceeds paid by a foreign company for the purchase of property that was alleged to have contravened Residential Property Act Singapore.
International Arbitration
- Represented a foreign company in an arbitration arising out of a share purchase agreement valued at more than US$800 million. This complex commercial dispute is the latest in a series of high profile regional/international disputes that Davinder has been appointed to act in the past year.
- Defended an Indonesian conglomerate in an arbitration commenced by a Malaysian conglomerate for alleged breaches of a joint venture agreement. The joint venture agreement governs the parties' respective rights and obligations in a Singapore joint venture vehicle. The amount of the claim is estimated to be in excess of S$270 million.
- Successfully obtained an arbitration award in relation to a S$25 million dispute over the construction of a desalination plant.
- Defended an action brought by a Japanese Corporation against our client, an Indonesian corporation, for the sum of US$92 million. The parties to the arbitration are both shareholders in an Indonesian Joint Venture Company (JVC). The dispute centred upon the interpretation of certain pricing provisions in an agreement where our clients were to supply chlorine, an essential raw material needed to sustain the manufacturing operations of the JVC. Our clients also initiated a counterclaim alleging various breaches committed by the Japanese Corporation under the Joint Venture Agreement. The counterclaim was for the sum of US$290 million.
- Completed a month-long arbitration hearing involving claims exceeding US$40 million for breach of contract brought by a Middle Eastern party against a Singaporean entity.
- Acted in an application under Article 16 of the First Schedule of the International Arbitration Act (Cap, 143A) to set aside the finding of the arbitrator that he has jurisdiction in an arbitration.
- Successfully obtained an award of $1 million for an Indonesian corporation on a performance bond against a state-owned Vietnamese insurance company in an arbitration.
- Acted in an arbitration involving a high tech firm fixed price contract valued at $12 million.
- Arbitration involving a claim in excess of US$300 million before a panel of 3 arbitrators from Australia, UK and Singapore.
Publications / Speeches
Besides his experience as a top lawyer, Davinder is also a prolific writer and speaker. His writings are carried by respectable legal publications. His engaging and compelling style as a speaker is most evident in the frequent invitations to him to speak in public and expert seminars and conferences.
- Singapore International Arbitration Forum 2010 – Panelist on the panel discussion “Enforcement of Awards in Asia: What More Can be Done?”
- The Overseas Singaporean Unit (OSU), in collaboration with Contact Singapore, invited Mr Davinder Singh as part of the Distinguished Business Leader series to share his personal experiences, company strategy and outlook on the future of legal services in a talk to overseas Singaporeans in London. Mr. Singh shared personal anecdotes and insights from his journey as a fresh legal graduate to (what the OSU described him as) one of the top attorneys in the world.
- Singapore Academy of Law Conference 2006: Developments in Singapore Law between 2001 and 2005 – Panelist on the panel discussion on “Damages”
- Commercial Affairs Department (CAD) Conference: Corporate Ethics: Emerging Challenges and Responses (November 2005) – “Corporate Governance – Emerging Challenges”
- Singapore Academy of Law Seminar: The Art of Cross-Examination (September 2005) – “Do’s and Don’ts Of Cross-Examination”
- Malaysian Law Conference (November 2001) - "Should Foreign Lawyers Be Given Right of Practice In Malaysia: Are We Ready for Full Entry or Joint Law Ventures?"
- Singapore Academy of Law & National University of Singapore Joint Conference (2001) - “Developments in the Law of Defamation 1996 – 2000”
- Singapore Academy of Law (1999) - “Letters of Credit & Performance Bonds”
- 12th Commonwealth Law Conference Kuala Lumpur, Malaysia (1999) - “Technology in Litigation: Developments & Experiences”
- Singapore Academy of Law Journal (1999) - “Tiffany’s Serves Up More Than Breakfast”
- Deloitte & Touche (1998) - “Fraud in Corporate Disclosure”
- Singapore Institute of Human Resource Management’s 4th Asia Pacific HRM Conference (1995) - “Challenges and Opportunities in the Asia Pacific Region”
- Singapore Academy of Law Conference II: Review of Judicial & Legal
- Reforms in Singapore between 1990 and 1995 (1995) - “Trends in Legal Practice in Singapore”
- Moore Stephens Asia Pacific Conference (1991) - “Minimising Professional Risk”
Appointments / Memberships
- Former Member of Parliament
- Mediator with the Singapore Mediation Centre
- Evaluator with the Singapore Mediation Centre
- Member of the Disciplinary Committee (Supreme Court of Singapore)
- Conferred the Order of Dato' Setia Negara Brunei (D.S.N.B.) by His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, which carries the title Dato' Setia
- Member of the Advisory Board of the School of Law, Singapore Management University
- Representative of the Law Society of Singapore on the Singapore Academy of Law Commissioning Panel
- Member of Advisory Board of Best Lawyers
Directorships
- Director of Petra Foods Limited
- Director of PSA International Pte Ltd
- Director of Singapore Technologies Engineering Ltd