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MARITIME & ADMIRALTY LAW
It was quite natural that the firm started out primarily as a shipping and admiralty practice given the fact that the name partners, Thian Seng and Bazul, both had prior extensive experience in shipping law. The firm’s team of shipping lawyers has vast experience in advising clients in the global shipping industry who include major P & I clubs, ports, shipping companies and marine insurance companies. The firm acts as the named correspondent for Malaysia National Insurance. The firm’s capabilities are further enhanced by the addition of partner Md Goush Marikan, a former deck officer with Neptune Orient Lines, who specializes in the wet aspect of shipping. He brings to the table years of sea-going experience coupled with sharp legal acumen.
The firm’s expertise in this area includes both ‘wet’ and ‘dry’ work which consists of charterparty and bills of lading disputes, collisions, general average and salvage matters, ship repair claims, ownership disputes, marine insurance & reinsurance, maritime liens and attachments, enforcement of ship mortgages, ship arrest and pollution matters.
On the non-contentious side of this practice, the firm has equally vast experience in advising major companies, ports, financial institutions and ship owners in transactions pertaining to sale and purchase of vessels, financial documentation and registration of vessels and drafting of vessel construction contracts. The firm also has advised clients on the purchase of insurance covers, drafted and negotiated sale and purchase agreements involving cruise ships, barges, tugboats, container ships and a whole myriad of cargo vessels and has expertise in handling fire claims.
The firm strives to be a one-stop legal service centre for the global shipping industry, providing all services necessary for excellence in the competitive shipping industry. The firm’s expertise in maritime and admiralty is reflected by some of its more notable instructions:
The “Limburg” – Firm represented underwriters on salvage and policy liability arising from an explosion allegedly caused by a terrorist attack.
The “Selendang Ayu” – Firm advised underwriters on policy liability when the vessel ran aground at Alaska and broke into 2 parts.
The “Hyundai Fortune” [2004] SGCA 41 – Firm acted for P & I Club and owners before the Court of Appeal. The decision is a landmark decision on exclusive jurisdiction clauses.
UCO Bank v. Golden Shore Transportation [2005] 2 SLR 735 – Firm represented UCO Bank before the Court of Appeal concerning the right of suit under the Bill of Lading Act.
Limitation Action – Firm’s Bazul Ashhab argued as lead counsel in the only action to proceed to trial spanning 9 days in Singapore on owners’ right to limit liability under the Merchant Shipping Act.
Perhaps, the most instructive distinction that this firm has in the admiralty practice is that it has been recommended by Asia-Pacific Legal 500 2005/2006/2007 as one of Singapore’s premier shipping law firm.
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AVIATION LAW
The firm has a solid reputation for its legal expertise in the aviation sector. The firm is regularly instructed by aircraft owners for advice on sale and purchase and lease agreements. On the contentious side, the firm provides advice and represents clients in the aircraft industry, various airline companies and also companies involved in disputes over air cargo and airway bills and work concerning aircraft arrest and repossession of aircraft. As a testimony to the firm’s capabilities, the firm was recently instructed by an aircraft owner in a major litigation involving a national airline for a US$37 million claim. The claim was successfully resolved after proceedings were commenced in all major jurisdictions – yet another testimony to our capability in handling cross-border work.
On the non-contentious side of aviation law practice, the firm provides all legal services that may be required by the aviation sector which includes advice on sales and purchases of aircrafts, aircraft lease agreements and drafting and negotiation of freight forwarding contracts and airway bills.
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BANKING & INTERNATIONAL TRADE
The firm’s banking and international trade practice has grown in reputation over the years. Currently, the firm sits on the panels of a number of major local and offshore banks based in Singapore. The firm’s expertise in international trade is also evident by its recent involvement in an ICC docdex resolution of letter of credit disputes.
Our lawyers have regularly been engaged to advise and assist on the following matters:
- Letter of Credit matters
- Receivables financing as well as factoring, leasing, hire-purchase and other asset and non-asset financing
- Financial derivative transactions
- Securities over assets
- Cross border financing and security transactions
- Anti-money laundering measures
- Advice on risk participation agreements
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DISPUTE RESOLUTION
Dispute resolution is one of the firm’s key strengths. The firm has represented clients of all sizes, be it private individuals or multinational companies and it prides itself by providing stellar service regardless of size or stature.
It has built an outstanding reputation through its work in major jurisdictions throughout Asia. Besides its tenacity in the courtroom, the firm is known for its strong commercial ethos – understanding the need for not only quality legal representation but also business-effective solutions. This is evidenced by the firm’s move into alternate dispute resolution. It recognizes that traditional litigation is sometimes not cost-effective for businesses and it seeks to provide service in alternate dispute resolution (ADR) like arbitration or mediation. Its lawyers are constantly engaged in arbitration matters not only in Singapore but also other key arbitration centers like Hong Kong, London and New York. As a firm, it is strongly committed to the development of a strong advocacy practice.
The firm has represented various clients in the following contentious matters:
- Debt recovery
- International trade and sale of goods
- Inter/Intra company disputes
- Shareholder disputes
- Arbitration & mediation
- Industrial insurance
- Employment
- Partnership disputes
- M&A disputes
- Competition/Antitrust
- Restructuring & Insolvency litigation
- Trust litigation
- Injunctions
- Tax Disputes
- Finance & Securities litigation
- Intellectual Property litigation
- Regulatory investigations
Besides commercial litigation, the firm has also regularly assisted and represented individual clients in the following matters:
- Personal injury claims
- Industrial injury claims
- Criminal prosecutions
- Negligence
- Equity
- Landlord and tenant disputes
- Property disputes
- Administrative litigation
- Land acquisition claims
- Defamation
- Tort
- Disciplinary tribunal cases
- Hire purchase disputes
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GENERAL CORPORATE
The firm is has a strong reputation for general corporate work. It believes that the health of a business reflects on the quality of legal advice that goes into the planning and structuring of its business affairs. Therefore it is the firm’s policy to regard itself to be a partner with every client so that it can provide not only quality legal counsel but also business effective solutions. In 2006 and 2007, the firm has been appointed to advise a leading multinational company on several Joint Venture Agreements involving investments in excess of US$100 million.
Its corporate practice group works with clients in arranging and running of its business operations which include:
- Registration of suitable business structures
- Shares structure set-up
- Drafting of employment contracts
- Shareholder agreements
- Partnership agreements
- Drafting of general and specialized contracts
- Non-disclosure agreements
- Loan agreements
- Share option schemes
- Corporate secretarial services
- Employment matters
- Joint ventures
- Mergers & Acquisitions of companies and businesses
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MATRIMONIAL & FAMILY LAW
When it comes to the family, the firm understands that an extra degree of sensitivity and confidentiality is needed before anything else. The firm handles delicate and sensitive family and divorce matters. It is the firm’s policy to exercise maximal necessary discretion at all times.
The firm’s family practice lawyers have been engaged to handle the following matters:
- Divorce
- Matrimonial asset division
- Child custody
- Adoption
- Tracing of assets
- Protection orders for family violence
- Family mediation
- Parental and child maintenance
- Family conflicts
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PROBATE & TRUSTS
The firm’s Probate and Trusts practice group advises clients on estate planning both in Singapore and overseas. The firm strives to provide clients with the most tax-efficient and sound estate planning advice tailored to individual needs and aspirations. The firm also handles the administration of wills and probate letters.
On top of estate planning, the firm also handles dispute resolution pertaining to the administration of the deceased’s estate.
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CONVEYANCING
The firm has also been regularly engaged to act for clients in property transactions, both residential and commercial. The firm is on the panel of all major banks in Singapore. Its working culture of being diligent and accurate in everything it does bodes well for potential clients who demand excellent and careful handling of property transactions which can go into the millions.
The firm handles:
- Sale and purchase of residential properties
- Sale and purchase of commercial properties
- En-bloc sales
- Leases
- Tenders & Auctions
- Development projects
- Trust Deeds
- Real estate arrangements
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