05 July 2022 - Article
Successfully represented a prominent international energy sector engineering company in an Singapore International Arbitration Centre (SIAC) Emergency Arbitration to protect and preserve the client’s assets in a multi-million dispute arising out of coal-fired power stations in Indonesia.
Successfully represented a leading Singapore infrastructure and engineering company in a shareholders’ dispute and derivative corporate action with dissenting shareholders successfully managed out of the company.
Successfully represented a global energy client in an Singapore International Arbitration Centre (SIAC) Emergency Arbitration in obtaining emergency relief to protect and preserve the client’s assets in a multi-million dollar commodities dispute.
Successfully represented a global client engaged in supplying energy products for breaches committed by an Indonesian company of the client’s exclusive entitlement to energy goods in Indonesia in an SIAC arbitration.
Successfully represented one of the world’s largest Japanese car manufacturers in an alleged breach of a nation-wide distributorship agreement in an SIAC arbitration.
Successfully represented global bank as respondent to alleged claims in breach of Joint Venture agreement and economic torts arising from an unsuccessful entertainment development project in Thailand, for an SIAC arbitration.
Worked directly with Queen’s Counsel on the dispute between Reliance Industries, BP and the Government of India over revisions in gas prices and amends to cost recovery provisions of a Production Sharing Contract over an offshore gas block in the Bay of Bengal.
Successfully represented one of the world’s largest Japanese car manufacturers in a Japan Commercial Arbitration Association arbitration. The Middle Eastern claimant alleged failure to assist with fulfilling licensing requirements, and alleged breach of warranties.
Shaun was counsel in a bridge collapse dispute referred to HKIAC arbitration, which involves the collapse of a substantial portion of the 55-kilometre Hong Kong – Zhuhai – Macau Bridge during the construction phases. The dispute involved considerations around the correct construction methods used for land reclamation and testing methods used to ascertain shear strength required for reclamation works.
Shaun was counsel in a substantial dispute over alleged delays in supplying defective products, services and designs in relation to the manufacture of electrical houses, in particular pre-fabricated field auxiliary rooms, in support of a Middle Eastern Power and Oil Refinery Project.
Shaun worked in an arbitration for claims for outstanding payments due from the building of power plants in India, and claims for rectification works necessitated by alleged negligent designs of power generators from a German company that was non-compliant with nitrogen oxide levels restrictions set by the Indian Government.
Shaun represented a global bank as respondent to alleged claims in breach of a joint venture agreement and economic torts arising from an unsuccessful entertainment development and construction project in Thailand.
ABB Holdings Pte Ltd and others v Sher Hock Guan Charles  SGHC 267
Chan Miu Yin v Philip Morris Singapore  SGHC 161
Dirak Asia Pte Ltd and another v Chew Hua Kok and another  SGHCR 1
FirstLink Investments Corp Ltd v GT Payments Pte Ltd and others  SGHCR 12
Marina Bay Sands Pte Ltd v Ong Boon Lin Lester  SGHC 73
Muharrem Unsal v M K Sivalingam Jaganathan  SGHC 241
Surface Stone Pte Ltd v Tay Seng Leon and another  SGHC 223
The “Titan Unity” (No 2)  SGHCR 04
The “Titan Unity”  SGHCR 28
Shaun, together with Theodore Ang, co-wrote the Singapore chapter on ‘‘Force Majeure and Hardship in the Asia-Pacific Region’‘ (2021, JURIS Legal Information).
Shaun, together with Singapore International Commercial Court Judge Justice Bernard Eder, co-wrote a chapter on “The Evolving Role of the Singapore International Commercial Court, Jurisdictional Issues and Enforcement Perspectives” in Singapore International Arbitration Law & Practice (2018, Second Edition, LexisNexis).
Shaun is a contributing author to the Singapore Civil Procedure (“The White Book”) for the 2018, 2019, and 2020 editions. In all editions, Shaun was in charge of the chapters relating to international arbitration, Singapore arbitration and the Singapore International Commercial Court.
Chitty on Contracts, Hong Kong Specific Contracts (2019, 6th Edition, Sweet & Maxwell)
Member, Singapore Academy of Law
Member, Singapore Law Society
Speaker_, ‘_Withers talks: cryptocurrency | Ep 7 – Investing in NFTs and crypto assets – practical perspectives from Asia,’ Withers podcast – April 29, 2021
Speaker on “Managing Contracts in a time of Crisis” on 17 June 2020, a webinar organised by Events4Sure
Speaker on “The Covid-19 International Arbitration Protocol – Making Arbitration Make Sense Again; the expedient and cost-effective resolution of your Cross-Border dispute”, a webinar organised by the BeiHai Asia International Arbitration Centre, in May 2020.
Speaker on “Flourishing in the Age of Artificial Intelligence: Essential Elements of being a New Age Digital Corporate Counsel”, a webinar organised by Shaun alongside friends from Amazon, SenseTime, and Telkomsel, in May 2020.
Speaker on “The Legal Profession in the Age of Covid-19 – Global perspective”, a webinar organised by Events4Sure.
Speaker on “Crisis Management – Key Strategic Decisions to gain an advantage in Technology Disputes”, organised by WIPO and SCCA, in April 2020.
Radio appearance on MoneyFM 89.3, The Breakfast Huddle Show, on 16 April 2020, where Shaun spoke on “How businesses can mitigate their legal risks and exposure caused by disruptions resulting from COVID-19”.
Speaker on “Covid-19: Managing a Crisis – Maximising Opportunities and Minimizing Risks”, a webinar organised by The ConciergeCo in April 2020.
Speaker on “How to win without fighting – effective strategies in Cross Border disputes” in a seminar organised by Clariden global in January 2020.
Lead speaker in the Korean Commercial Arbitration Board (KCAB)’s International Arbitration Symposium held during the International Bar Association week in September 2019.
Keynote Speaker on Crisis Management in the Digital Age at the inaugural Singapore Pharma Gorilla, a global pharma, life sciences and biotech conference held on 25 June 2019.
Speaker on interplay between Artificial Intelligence and the law, in Echelon Asia Summit held on 23 and 24 May 2019.
Speaker on law and technology in the Tech Law Fest in September 2019.
Me in a minute
I guess I shouldn’t be surprised that I’ve selected law as my career really, and I suppose the genesis of it all would probably be due to my love for reading cultivated since young.
I guess I shouldn’t be surprised that I’ve selected law as my career really, and I suppose the genesis of it all would probably be due to my love for reading cultivated since young. My mum would bring my sister and I to the old MPH bookstore at Parkway Parade, and we would spend half a day reading books and she would then “force” to buy a few books each time. I went on to do literature at high school and that’s when my passion for knowledge & books really accelerated. I started reading widely.
I think at the end of it all, a key essence to being a good advocate is to tell a good story, your client’s version of the story. A good book (or movie, for that matter) is often open to multiple interpretations. It’s really the same for the best kind of disputes, where top jurists are asked not so much as to interpret what the law says, but to interpret what the law ought to say, when the express legislation, rules and contracts have gaps that need to be filled in.
I couldn’t have asked for a better start to a legal career. It was an immense honour and privilege to be a Magistrate and Registrar of the Supreme Court at a young age, but with that comes an understanding of responsibility and duty. I learnt a lot – primarily, it was significant to understand the decision-making process of a Judge (or arbitrator), and know how the Judge would view different perspectives and balance different arguments. I suppose in terms of most memorable judgments, one of it would probably be Titan Unity, where I felt very proud when the Court of Appeal endorsed the decision. Another memorable judgment would be Firstlink Investments v GT payment on the law governing an international arbitration agreement, which was recently endorsed by the English Court of Appeal.
What I enjoy doing the most for my clients would be to develop an effective cross border strategy for my clients faced with a dispute. Most clients come to me with a binary mindset, obviously obsessing on the merits of the case and desperate to know if they can win, or if they would lose. More often than not, however, it is important to apply your mind to all relevant jurisdictions at hand, with focus on where the assets are. Developing and employing the correct strategy could achieve a fast, cost efficient, and decisive outcome that would be more important than anything else to achieve their objectives. I get a tremendous satisfaction doing that for my clients.
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