Qualifications |
Director
DISPUTE RESOLUTION
About Hri
Hri graduated from the National University of Singapore in 1991 and joined Drew & Napier in 1992. He was made a partner in 1997 and Director of Drew & Napier LLC in May 2001. Hri was appointed Senior Counsel in 2008 by a committee comprising the Chief Justice, the Attorney-General and the Judges of Appeal.
Hri has consistently been recognised as outstanding counsel of choice in the field of dispute resolution. Chambers Global describes Hri as “particularly active in the banking arena, where he is hailed as ‘an extremely attentive and impressive litigator’”. In another issue, Hri is recognised as being “held in high regard for his contentious work”, and “particularly valued for the depth of knowledge he brings to the table in banking disputes.” Chambers Asia speaks of Hri as an advocate who “earns client praise for his expertise on banking disputes” and “has handled some of the firm's most high-profile cases of late.” Hri is also commended for being “succinct and to the point, which makes him incredibly effective.”
Asia Pacific Legal 500 recommends Hri as a “strategic lawyer”, ranked as a leading individual in dispute resolution practice and part of the “stellar team” from Drew & Napier. Asian-Counsel also selected one of Hri’s high-profile banking matters involving claims of S$500 million as one of the “Deals of the Year for 2008”.
Hri has consistently been recognised as outstanding counsel of choice in the field of dispute resolution. Chambers Global describes Hri as “particularly active in the banking arena, where he is hailed as ‘an extremely attentive and impressive litigator’”. In another issue, Hri is recognised as being “held in high regard for his contentious work”, and “particularly valued for the depth of knowledge he brings to the table in banking disputes.” Chambers Asia speaks of Hri as an advocate who “earns client praise for his expertise on banking disputes” and “has handled some of the firm's most high-profile cases of late.” Hri is also commended for being “succinct and to the point, which makes him incredibly effective.”
Asia Pacific Legal 500 recommends Hri as a “strategic lawyer”, ranked as a leading individual in dispute resolution practice and part of the “stellar team” from Drew & Napier. Asian-Counsel also selected one of Hri’s high-profile banking matters involving claims of S$500 million as one of the “Deals of the Year for 2008”.
Areas of Practice
Hri has 20 years of dispute resolution experience. He has handled various complex litigation and arbitration matters, specialising in banking, trust, contract & tort, libel, corporate/shareholder disputes, insolvency, and professional negligence. Some of the matters he has handled include:
Banking
- Representing UBS AG, Singapore branch, in an action to recover a sum of over US$12 million and to seek other declaratory relief, against a foreign customer and its guarantor, and successfully obtaining an anti-suit injunction concerning a claim for over AUD34 million against the bank’s Australian branch, in respect of the same subject matter, involving complex issues of conflict of laws. The case is reported in [2011] SGHC 170.
- Successfully represented Merrill Lynch in a claim of over US$11 million against a Singapore company and its shareholder involving the purchase of shares in an Indonesian company listed on the Jakarta Stock Exchange. The claim involved issues of conspiracy, fraudulent misrepresentation, vicarious liability, and breach of contract.
- Represented an international bank in relation to more than 30 different complaints arising from investment products linked to Lehman Brothers. Legal proceedings were commenced in respect of some of these complaints, whereas others were the subject of investigations by MAS or adjudication by the Financial Industry Dispute Resolution Centre (FIDReC). The complaints and legal proceedings involved allegations of mis-selling, misrepresentation and fraud.
- Successfully represented a local bank in actions to recover over US$11 million advanced and secured by, inter alia, mortgages over properties and vessels and guarantees. The case is reported in [2010] 2 SLR 703.
- Successfully represented a local bank in a claim of more than S$38 million commenced against it for breach of contract and of duty in tort, which was struck out both at first instance and on appeal.
- Represented a local bank in a claim of more than S$15 million commenced against it for, inter alia, quantum meruit, anticipated contract and implied contract, which was struck out both at first instance and on appeal.
- Representing a local bank in an action by a customer claiming damages of US$17 million in respect of losses suffered on the customer’s portfolio following the 2008 international financial crisis.
- Successfully represented Citibank N.A., before the Singapore Court of Appeal, in a claim for over S$12 million against two directors / shareholders of a public-listed company under a Deed of Undertaking. The case is reported in [2004] SGHC 266.
- Defended an American investment bank, before the Singapore High Court, in a claim of over US$4 million for alleged procurement of breach of contract, breach of fiduciary duties, dishonest assistance of breach of fiduciary duties and negligence.
- Defended an American investment bank, before the Singapore High Court, in an action by four minority shareholders (U.S. hedge funds) of a Cypriot company (which were publicly traded in Norway) seeking to declare the Chief Executive Officer’s acquisition of shares void. The acquisition was financed by the US$185 million raised by our client though the issuance of collateralised equity leveraged loan securities (CELLS) and the action involved issues of conspiracy, breach of fiduciary duty, financial assistance and restitution.
- 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. The case is reported in [2003] 1 SLR(R) 221.
- Acted in a landmark case involving fraudulently issued cashiers’ order and gaming contracts. The case is reported in [1999] 2 SLR(R) 183.
- Defended the President of the management committee of a recreational club, in a defamation claim brought against him by four members of the committee. The case is reported in [2010] SGHC 324.
- Successfully represented a prominent surgeon in a defamation suit against the chairman of an MCST. The matter settled, in the client’s favour, midway through trial, with the client obtaining damages and a full apology.
- Represented a local bank in an action against an ex-employee for breach of confidence, breach of duties of good faith and fidelity and conversion of the bank's property, stemming from the actions of the ex-employee in electronically removing, inter alia, an extensive number of files and documents contain confidential and proprietary information belonging to the bank.
- Defended clients in two libel suits arising from a newspaper article relating to resolutions proposed to be passed at an Extraordinary General Meeting of NatSteel Ltd, a Singapore-listed company which was the subject of a high-profile takeover battle in 2002/2003. The cases are reported in [2005] 1 SLR(R) 1 and [2005] 1 SLR(R) 277.
- Represented plaintiffs in defamation actions concerning articles published by an international publication. The defendants printed apologies for the articles and paid damages and costs to the plaintiffs. This case is reported in [2001] 2 SLR(R) 83.
- Represented a plaintiff in a series of defamation cases regarding defamatory statements made by another during and after the 1996 general elections and during the 2001 general elections.
- Successfully defended Asia Pacific Breweries (S) Pte Ltd in a claim by four foreign banks in relation to unauthorized accounts / facilities opened by the company’s ex-finance manager. The case involved fraud and forgery perpetrated by the finance manager and issues of agency, vicarious liability, bankers’ duties, negligence and restitution. Both the High Court and the Court of Appeal dismissed the claim against APBS. The case is reported in [2009] 4 SLR(R) 788 and [2011] SGCA 22.
- Successfully represented an Indonesian company in an application to set aside an ex parte injunction obtained by a Chinese multinational company in Singapore restraining them from receiving the proceeds under a performance bond in the sum of S$10.8 million, as part of a wider dispute between the parties under an Engineering, Procurement and Construction Contract for the construction of a coal fired and steam generating power plant in Indonesia worth US$108 million. The matter involved a novel point on the choice of law. The case is reported in [2010] 2 SLR 329.
- Successfully represented Asia Pacific Breweries (S) Pte Ltd against four foreign banks in a highly-publicised appeal against an order for the production of privileged draft internal reports. The action itself involved a claim for over S$100 million (US$66 million) by the 4 banks arising from the fraud of APBS’s employee. Both the High Court and the Court of Appeal dismissed the claim against APBS. The case is reported in [2006] 3 SLR 441 and [2007] 2 SLR 367.
- Represented Indonesian conglomerate, the Salim Group and prominent Indonesian businessman Anthony Salim in an action against a consortium of Japanese Banks and Sumitomo Corporation for the return of securities worth US$100 million. The case is reported in [2004] 4 SLR 451.
- Represented a minority shareholder of a group of companies in a minority oppression action. The assets of the group, the subject of the action, were worth over S$200 million.
- Representing a subsidiary company of a leading Indonesian chemical producer against a Chinese multinational power-generation and electrical manufacturing company in an International Chamber of Commerce (ICC) arbitration over a dispute in relation to a contract for the construction of a power plant, is with damages claimed in excess of US$172 million.
- Representing a foreign public listed company in a multi-million dollar arbitration against a State Government for breach of a development agreement relating to the construction of a major waterfront project.
- Representing a Philippines bank in an arbitration against the shareholders of a company of which the bank was a former shareholder, in relation to a dispute over the sale of the bank’s shares in the company, for a claim of over 87,100,000 Philippine Pesos.
- Successfully resisting an application to set aside High Court judgment of US$16 million arising from a dispute relating to the administration of a multi-million dollar estate. The matter involved key questions of trust law and civil procedure. The case is reported in [2010] 2 SLR 76.
- Successfully defending a well-known Singapore jeweller in a claim for alleged knowing receipt, and/or dishonest assistance in the dissipation, of trust monies, as a result of the alleged misappropriation of monies by a rogue lawyer for his own use including to purchase precious stones and jewellery. The case is reported in [2010] 2 SLR 589 and [2009] 2 SLR(R) 479.
- Representing a group of strata title unit holders of a S$30.5m development against a foreign company purchaser for failure to complete the deal. The case is reported in [2008] 2 SLR(R) 474 and [2007] 3 SLR(R) 628.
- Successfully defending a property developer in relation to disputes concerning caveats lodged over multiple properties pursuant to private oral agreements with the registered proprietor. This was the first local decision to deal extensively with what constitutes a caveatable interest, in particular, whether a right of first refusal to purchase a property may be protected by a caveat and the requirement for such a right to be evidenced in writing. The case is reported in [2006] 2 SLR(R) 742.
- Successfully defending a claim for adverse possession of land involving complex issues of law.
- Leading teams of lawyers in separate investigations into the affairs of two public-listed companies and a foreign bank, in respect of matters involving fraud and breach of fiduciary duties. As part of that role, Hri authored reports which were presented to the Stock Exchange and the Monetary Authority of Singapore.
- Acting as general counsel on defamation matters to various publications in Singapore.
- Performing wide range of advisory work for local and international entities.
- Co-writer of “Subpoenas in arbitration – the Singapore perspective” - IBA Arbitration News, March 2011
- Conference of the International Bar Association Madrid, Spain 2009 – “Internet blogging, state responses and free expression”
- Contributor to Singapore Precedents of Pleadings (2006 Ed)
- Conference on Detecting & Preventing Corporate Fraud, March 2006 – “Fraud And The Corporate Police”,
- Co-writer of “The Law of Torts” for “Developments in Singapore Law between 2001 and 2005” for the Singapore Academy of Law Conference 2006
- Contributor to Singapore Court Practice 2005
- SAL Seminar 2006 – “Forensics, E-Discovery & Technology”,
- Civil Advocacy Round-Table Talks 2005 – “Discovery”
- IBA Auckland Conference 2004 –“Consumer Protection in Singapore”
- Co-writer of chapter on Singapore law in Cross Frontier Insolvency of Insurance Companies; 2001 (Gabriel Moss QC – Editor in Chief)
Appointments / Memberships
- Member of Panel of Presidents of Disciplinary Tribunal, Supreme Court of Singapore
- Member of Arbitration Committee, the Law Society of Singapore
- Member of the Law Society of Singapore
- Member of the Singapore Academy of Law
- Advisor to Singapore Indian Development Association (SINDA)
Directorships
- Director of Media Development Authority
- Director of NTUC Choice Homes Co-Operative Ltd