Qualifications |
Director
LITIGATION AND DISPUTE RESOLUTION
About Harpreet
Harpreet graduated the second top student in his NUS Law School Class of 1991. While at NUS, he also represented Singapore at the 1991 Philip C Jessup International Law Moot Court Competition in the US. Shortly after his admission to the Singapore Bar in 1992, Harpreet pursued his Master of Laws at Harvard Law School.
Upon graduation from Harvard in 1993, Harpreet was appointed a Justices’ Law Clerk and clerked with former Chief Justice Mr Yong Pung How. In 1994, Harpreet became the first ever Singaporean to be invited to teach Negotiations at Harvard Law School to US and international judges, CEOs, diplomats, lawyers and academics. He resumed active practice in the Litigation Department of Drew & Napier in 1994 and was made a Partner in 1997.
Harpreet was made Senior Counsel in January 2007.
Upon graduation from Harvard in 1993, Harpreet was appointed a Justices’ Law Clerk and clerked with former Chief Justice Mr Yong Pung How. In 1994, Harpreet became the first ever Singaporean to be invited to teach Negotiations at Harvard Law School to US and international judges, CEOs, diplomats, lawyers and academics. He resumed active practice in the Litigation Department of Drew & Napier in 1994 and was made a Partner in 1997.
Harpreet was made Senior Counsel in January 2007.
Areas of Practice
Harpreet has an active practice as a corporate litigator. He has extensive trial and appellate experience of a wide range of large and complex commercial disputes, often with a significant international element involving multi-jurisdictional issues and liaison with foreign legal counsel. His areas of practice are diverse, including disputes in banking & finance, commercial contracts, tort, company law, equity & trusts, administrative law and international arbitration. Many of his cases are reported, while some have become leading cases establishing important points of law.
The Asia Pacific Legal 500 has recommended Harpreet as a leading individual in Dispute Resolution since its 2005/2006 edition, and describes him as a “star” in its 2008/2009 edition. Its 2006/2007 edition lauds Harpreet as being “first rate” and lists him as one of the leading individuals in Singapore for dispute resolution. The 2005/2006 Edition of the same publication describes Harpreet as being “very highly regarded” in the field of International Arbitration.
Most recently, Chambers Global, which also lists Harpreet as a leading practitioner in its 2010 edition, describes Harpreet as “ ‘succinct and to the point, which makes him incredibly effective,’ in the opinion of clients”.
Experience
The following are among the cases Harpreet has been involved in:
Notable cases
- MCST No. 473 v De Beers Jewellery [2002] 2 SLR 1 – Harpreet was the lead counsel who represented De-Beers Jewellery both in the High Court and in the Court of Appeal in this landmark decision in which the Singapore Courts established for the first time that monies paid under a mistake of law are recoverable under Singapore law.
- CHS CPO GmbH & Anor v Vikas Goel & 3 Ors (Suit No. 636 of 2004) – Harpreet was recently the lead counsel defending 2 parties in this very substantial claim involving allegations of conspiracy, fraud and breach of trust involving one of Singapore’s leading companies with an annual turnover of over $2.5 billion.
- West LB AG v Phillipine National Bank & 8 Ors (O.S. No. 134/2004) – Harpreet recently advised the Phillipine National Bank, escrow agent for the Phillipine Government, in relation to the recovery of approximately US$16 million and GBP4 million, allegedly forming part of the funds amassed by former Phillipine President Ferdinand Marcos.
- Seagate Technology v Esys Technologies & Anor (Suit Nos. 844/2006 & 854/2006 in the High Court of the Republic of Singapore). Presently defending Esys Technologies and its founder against a claim exceeding US$60 million brought by various Seagate companies.
- Chiam Heng Luan & 4 Ors v Chiam Heng Hsien & Ors (Originating Summonos No. 830 of 2006) – Successfully acted for various co-owners in relation to this long standing dispute over the sale of a prime downtown 40,000 sq ft property valued at $100 million. The case raised various difficult points of land law, proprietary estoppel and contractual licence.
- David Stephen Wee & 7 Ors v Philip Wee (Suit No. 519 of 2005) – Successfully acted for the Plaintiffs in this multi-million dollar probate / estate claim in the High Court involving issues of testamentary capacity, undue influence and breach of trust.
- PP v Norzian b Bintat [1995] 3 SLR 462 – Harpreet successfully represented the accused in this landmark decision on a point of constitutional law in which the Chief Justice ruled that the provisions in the Criminal Procedure Code providing for composition of offences are not ultra vires the Constitution of Singapore.
- Puspharani Selvrani & Ors v NTUC & TV Media (Suit No. 129 of 2005) – Acted for the estate and family of “Ms Raja” in a widely publicised tort claim for damages for wrongful death arising from the consumption of “Slim 10” slimming pills.
- Public Service Commission v Linda Lai [2001] 1 SLR 644 – Represented a former public servant in one of the rare cases of judicial review before the Singapore Courts.
- Chiam Heng Luan & 4 Ors v Chiam Heng Hsien & Ors (Originating Summonos No. 830 of 2006) – Harpreet Successfully represented the plaintiffs in this much publicised claim in this long standing dispute over the sale of a prime downtown 40,000 sq ft property valued at over $100 million (US$66 million). The case raised various difficult points of land law, proprietary estoppel and contractual licence.
- David Stephen Wee & 7 Ors v Philip Wee (Suit No. 519 of 2005) – Successfully acted for the Plaintiffs in this multi-million dollar probate / estate claim in the High Court involving issues of testamentary capacity, undue influence and breach of trust. The parties amicably settled the matter during trial.
- Sushila Ramanlal & ors v Hansa Ramanlal (Suit No. 39 of 2003) – Harpreet successfully acted for the Defendant in this multi-million dollar probate / estate claim in the High Court involving allegations of breach of trust & undue influence. Following 3 days of cross-examination in a 10- day trial, the plaintiffs abandoned their claim.
- Rajabali Jumabhoy & Ors v Ameerali Jumabhoy & Ors [1997] 3 SLR 802 – Harpreet was part of the legal team that successfully defended various Defendants in the High Court and the Court of Appeal in this high profile family dispute involving allegations of breach of trust / undue influence / breach of fiduciary duties in relation to assets exceeding $100 million.
- In 2003, Harpreet was also part of the team that successfully obtained judgments in a multitude of related High Court suits involving claims / counterclaims approximating S$100 million for breach of trust in a family owned conglomerate of companies. These related claims collectively ranked among one of the largest claims filed in the Singapore Courts in 2003.
- In 2001, Harpreet successfully represented various Singapore based family members in the High Court in relation to claims against 9 Malaysian parties over the ownership and entitlement to cash and shares in various joint bank accounts in Singapore, Hong Kong and London exceeding US$50 million in value.
- Seagate Technology v Esys Technologies & Anor (Suit Nos. 844/2006 & 854/2006 in the High Court of the Republic of Singapore). Presently defending Esys Technologies and its founder against a claim exceeding US$60 million brought by various Seagate companies.
- In 2001, Harpreet acted as lead counsel in successfully representing various subsidiaries of an American Fortune 100 company in the oilfield business in relation to claims against a Singapore company for breach of contract exceeding US$1 million. In this action, Harpreet also successfully applied to the Singapore High Court for an anti-suit injunction to restrain the Singapore defendant from prosecuting parallel litigation in the Texas Courts. The defendant abandoned its defence and submitted to judgment on the first day of trial.
- Parfums Rochas SA & Ors v Davidson Singapore Pte Ltd & anor [2000] 2 SLR 148 – Harpreet was the lead counsel who acted for 2 French and German perfume manufacturers in the High Court and the Court of Appeal in defending a substantial claim for loss of profits brought by their Singaporean and Malaysian distributors.
- Harpreet was part of the legal team that successfully represented a Singapore individual in seeking specific performance of a contract for the sale of shares in a major Singapore hotel and various lands in Malaysia. The value of the transaction exceeded $30 million. In this action, the team successfully applied to the Singapore High Court for interim injunctions to restrain the defendants from dealing with their shares pending trial, and also liased with Malaysian solicitors to seek parallel injunctions in the Malaysian High Court to restrain any dealings with the lands in Malaysia pending trial in Singapore.
- Harpreet was the lead counsel who represented a Swiss watch manufacturer in its claim against a Singapore public listed company for the sum of over 1 million Swiss francs for the supply of high-end watches. The matter settled amicably shortly before trial.
- Lam Soon Oil & Soap Manufacturing Sdn Bhd & anor v Whang Tar Choung & anor [2002] 2 SLR 395 – Part of the team that successfully represented 2 companies in a major High Court trial involving breach of contract over the transfer of various well known trademarks valued at several million dollars.
- Peter Lim Eng Hock v Lawrence Ang Yee Lim & ors (Suit No. 742 of 2000) – Part of the team that represented the plaintiff in this high profile dispute over a multi-million dollar oral contract for the transfer of shares in the Raffles Town Club. The matter was amicably resolved part way through the trial in the High Court.
- Jurong Shipyard Pte Ltd v BNP (2007)
Harpreet is advising SembCorp Marine Ltd, a Singapore listed company and its subsidiary, Jurong Shipyard Pte Ltd (“JSPL”) in this claim relating to unauthorised foreign exchange transactions amounting to the sum of US$303 million entered into by the companies' former Director of Group Finance. The case involves issues of construction of contracts, agency, authority, vicarious liability and conspiracy. - Sitt Tatt Bhd v Goh Tai Hock (2007)
Acted for a Malaysian public listed company in this claim for recovery of sums paid pursuant to a joint venture agreement to exploit and produce oil and gas from Indonesian wells and oil fields.
- MCST No. 473 v De Beers Jewellery [2002] 2 SLR 1 – Successfully represented De-Beers Jewellery in this landmark decision both before the High Court and the Court of Appeal in which the Singapore Courts established for the first time that monies paid under a mistake of law are recoverable under Singapore law.
- Appointed arbitrator in an investment dispute exceeding US$100 million between a world renowned US private equity company and various Chinese parties. The arbitration was held in Hong Kong and was governed by New York law.
- Acted for a well known Singapore IT company in 4 arbitrations with a seat in San Francisco (3 governed by AAA Rules and 1 by ICC Rules) in relation to claims exceeding US$60 million.
- Represented an Indonesian entity in an SIAC arbitration in respect of a US$25 million dollar claim against the Indonesian subsidiary of a Swiss public listed company.
- Acted for a major Singapore utilities company in relation to its S$60 million (US$39.48 million) dispute with an Australian entity arising from a contract for the design and construction of a transmission cable tunnel.
- Represented a French public listed company in a SIAC arbitration relating to a shareholder dispute.
- Acted for and advised a major defence contractor in relation to a dispute with a European defence manufacturer over the termination of a contract for the supply of defence equipment exceeding several hundred million dollars. Contentious arbitration proceedings were on the verge of being commenced in London, Paris and Singapore in relation to various separate contracts between the parties before the matter was amicably resolved.
- Advised an Indonesian entity in relation to a substantial joint venture dispute with an international hotel chain over the construction of a US$70 million hotel resort in Bali, Indonesia. The dispute raised legal issues of abandonment and frustration.
- Successfully defended the Singapore subsidiary of a major Japanese multi-national company in a 30 day arbitration hearing for a claim for breach of a joint venture agreement exceeding US$40 million brought by a Middle Eastern party.
- Successfully acted for a major utilities company in relation to a $25 million dispute over the construction of a state of the art desalination plant. The arbitration hearing took place in Singapore and Los Angeles. 3 experts in the field of desalination technology, including one world-renowned expert, gave testimony during the Los Angeles phase of the hearing.
- Advised a major Singapore conglomerate in relation to various issues arising with a UK entity in relation to the Asian Aerospace Exhibition, Asia's largest airshow. The matter was successfully resolved before the notice of arbitration was issued.
- Successfully represented a large Indonesian construction company in an arbitration against a Hong Kong entity, in relation to a claim relating to the delivery of cranes under several subcontract agreements.
- Advised a Singapore company against an Indian company in relation to a substantial claim for damages for breach of contract for the supply of iron-ore.
- Indian Bank v Nagova Exim Pte Ltd & Ors (Suit No. 2354 of 1996) – Harpreet was the lead counsel who successfully defended a Singapore based individual against a claim by a foreign bank to enforce a US$11 million claim on a personal guarantee. In this action, Harpreet argued that there were “unusual features” relating to the banking transaction as it was closely connected with one of the largest frauds in Indian banking history and persuaded the Singapore High Court to order crucial discovery against the bank. The foreign bank’s entire claim was eventually struck out when it failed to comply with the High Court’s discovery order
- Habibullah Mohammed Yousoff v Indian Bank [1999] 3 SLR 650 – In this case, which is closely connected with the previous case, Harpreet successfully argued before the Court of Appeal for unconditional leave to be given to the banking customer to defend the bank’s claim for over US$10 million on a personal guarantee. The High Court had granted the bank summary judgment. On appeal, the Court of Appeal accepted Harpreet’s argument that there was sufficient evidence of “unusual features” surrounding the grant of the credit facility to the borrower, which were not disclosed by the bank to the guarantor, and reversed the judgment below
- Harpreet was the lead counsel who successfully defended a foreign bank against a substantial claim for damages brought by a customer who alleged the bank had acted in breach of contract in closing out the customer’s forex trading account without first making a margin call. Following a 7-day trial in the High Court, the customer’s claim was dismissed with costs
- Ow Chor Seng v Coutts Bank (Schweiz) AG [2002] 4 SLR 948 – Acted for the customer in defending a claim by a bank for over US$10 million under a multi-currency overdraft facility. In the course of the action, Harpreet succeeded both before the High Court and the Court of Appeal in defending the bank’s application for judgment based on admissions allegedly made by the customer
- HSBC v Jurong Engineering Ltd & Ors [2000] 2 SLR 54 – Harpreet was part of the team that successfully defended a Singapore public listed company in relation to a $9 million claim by HSBC to enforce a letter of comfort. This was one of the rare cases before the Singapore courts on the enforceability of letters of comfort
- Successfully acted for a bank in recovering the sum of over $1 million from the borrower and in obtaining a declaration that all further sums due to the borrower in relation to a development project be paid into a specific bank account over which the bank had a legal charge
- Successfully acted for a foreign bank in a contentious application to the High Court for an extension of time to retrospectively register a charge over a company’s assets. The company appealed to the Court of Appeal and withdrew its appeal shortly before the hearing
- Acted for an internationally known American bank in its suit to recover over US$ 1 million from one of its private banking clients. After successfully obtaining judgment in the Singapore High Court, Harpreet liased with Malaysian solicitors to register and enforce the judgment against the debtor’s assets in Malaysia
- Represented various foreign financial institutions both before the High Court and Court of Appeal to defend an application by the defendants to discharge a Mareva injunction these financial institutions had obtained. The application raised the novel issue whether a judgment of the Indonesian Supreme Court which was pending review before a differently constituted panel of the same court was a final and conclusive judgment which the Singapore Courts should give effect to
- Harpreet was the lead counsel who successfully defended various company directors against substantial claims brought by the liquidators of the company for breaches of fiduciary duties involving transactions exceeding $4 million. The liquidators withdrew their claim with costs shortly after the directors’ defences were filed
- Lion City Holdings Pte Ltd (in liquidation) v Asad Jumabhoy & ors [2004] SGHC 130 - Harpreet also successfully defended yet another director of a company against a claim exceeding $3 million for breach of fiduciary duties and breach of trust. Here too, the liquidator withdrew his claim with costs after we successfully applied to Court to prevent the liquidator from amending his writ of summons to add a new cause of action against the director
- Rajabali Jumabhoy & Ors v Ameerali Jumabhoy & Ors (No 2) [1997] 3 SLR 866 – Harpreet acted for various directors of a family owned company to appoint a receiver and manager on the basis that the company was without effective management on account of acrimonious disputes between its directors
- Acted for and advised a company in relation to a multi-million dollar oppression action in the High Court. The matter was amicably resolved shortly before trial
- Acted for a minority shareholder in an oppression action alleging that the affairs of the company were being conducted by the majority shareholders in a manner prejudicial to the minority shareholder’s interests. The matter was amicably resolved before trial
- Acted for minority shareholders in applying to the High Court for leave under s 216A of the Companies Act to commence substantial legal proceedings in the name of the company against its majority shareholders.
- Acted for a shareholder in a major shareholders’ dispute involving a joint venture engaged in the organisation of a key international aerospace exhibition. The matter involved making substantial and urgent preparations for crucial interim injunctions before the High Court. The matter reached settlement very shortly before Court proceedings were instituted
- West LB AG v Phillipine National Bank & 8 Ors (O.S. No. 134/2004) - Harpreet acted for the Phillipine National Bank, agent for the Phillipine Government, in relation to an action in the High Court of Singapore to recover over US$16 million and GBP 4 million in Singapore forming part of moneys purportedly amassed by former Phillipine President Ferdinand Marcos. The action pitted the Phillipine Government, which had successfully obtained a judgment from the Phillipines Supreme Court that the funds are forfeited in its favour, against other claimants who have received competing judgments in the US Courts against the Marcoses
- Nissan North America Inc. & anor v Europacific Parts International Inc. & anor (Originating Summons No. 1380 of 2003) - Harpreet was the lead counsel who represented a US and Japanese multinational company in examining witnesses in Singapore to obtain oral and documentary evidence for use in proceedings pending before the US Courts. The application was made under the Hague Convention on the Taking Of Evidence Abroad In Civil & Commercial Matters
- Successfully represented various subsidiaries of an American Fortune 100 company in the oilfield business in obtaining an anti-suit injunction in the Singapore High Court to restrain a Singapore defendant from prosecuting parallel litigation in the Texas Courts
- Harpreet has also made or defended several applications before the Singapore High Court to stay proceedings in Singapore on the grounds of forum non conveniens in favour of litigation in foreign jurisdictions
- Harpreet has made or defended numerous applications for interim or pre-emptive relief before the Singapore Courts, including applications for Mareva injunctions to restrain disposal of assets pending trial, Anton Pillar orders for preservation of evidence pending trial, interim injunctions to preserve the status quo pending trial, anti-suit injunctions to restrain parallel proceedings abroad etc
- Recently, Harpreet also acted for a medical facility in relation to various potentially explosive medical issues arising from a cutting edge medical procedure on a patient. Harpreet successfully applied to the High Court for pre-emptive relief to restrain the potential plaintiffs from identifying or naming any parties in Court documents, and for a complete embargo on the Court files
- In the course of his practice, Harpreet has also represented parties in applications to the High Court for Schemes of Arrangement, appointment of receivers & managers and to wind up companies
- Nirumalan Pillay & ors v Balakrishnan & ors [1999] SGHC 4 - Harpreet was the lead counsel who represented the printer in this high profile defamation case arising from an article printed in a political party’s newsletter. The High Court accepted Harpreet’s arguments and very substantially limited the printer’s liability to the plaintiffs
- Harpreet was the lead counsel who defended and brought a counterclaim on behalf of an international lawyer working for an international law firm in a High Court suit alleging breach of confidence. Among the defences raised was that the disclosure of documents was in the public interest as these documents showed the foreign firm to have deliberately flouted Indonesian laws. In this action, Harpreet liased closely with numerous eminent Indonesian lawyers. The matter settled at the start of the trial
- Acted for a supplier of automotive spare parts in bringing an action in tort against its agent for breach of confidence in disclosing sensitive commercial information
- Yeo Peng Hock Henry v Pai Lily [2001] 4 SLR 571 – Harpreet represented the patient in this medical negligence claim against her medical practitioner
- Puspharani Selvarani & Ors v NTUC & TV Media ((Suit No. 129 of 2005) – Harpreet is the lead counsel acting for the estate and family of “Ms Raja” in a widely publicised tort claim for damages for wrongful death arising from the consumption of “Slim 10” slimming pills. Harpreet also successfully represented the family at the Coroner’s Inquiry in which the Coroner ruled that Ms Raja’s death resulted from the consumption of “Slim 10” pills
- Represented a medical facility in relation to a claim for negligence in the execution of a cutting edge medical procedure on a patient. Harpreet successfully applied to the High Court for pre-emptive relief to restrain the potential plaintiffs from identifying or naming any parties in Court documents, and for a complete embargo on the Court files
- PP v Norzian b Bintat [1995] 3 SLR 462 – Successfully represented the accused in this landmark decision on a point of constitutional law in which the Chief Justice ruled that the provisions in the Criminal Procedure Code providing for composition of offences are not unconstitutional
- Public Service Commission v Linda Lai [2001] 1 SLR 644 – Represented a former public servant in one of the rare cases of judicial review before the Singapore Courts
- Harpreet was part of a team of 3 lawyers appointed by the Attorney General of an ASEAN country. The team successfully resisted a judicial review application brought before the domestic courts of that country
- Successfully represented a major Singapore insurance company in petitioning the UK Department of Trade & Industry in completely withdrawing conditions imposed on the company for continuing its business in the UK
- Graeme McGuire & Ors v John Rasmussen & Ors [1998] 3 SLR 180 – Represented various members of the general committee of a private club in relation to disputes arising over various resolutions sought to be included at the club’s Special General Meeting
Appointments / Memberships
- Fellow of the Singapore Academy of Law
- Member of the Law Society of Singapore