ANDRE ARUL

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Mr. Andre Arul obtained his B.A. (Hons) and M.A. degrees in Law from Pembroke College, Cambridge University, the United Kingdom and was called to the English Bar at the Honourable Society of The Middle Temple, London in 1988. He was called to the Singapore Bar in June 1989 having served pupilage in Allen & Gledhill, in the financial services/banking department and thereafter his work there was primarily and still is in corporate matters, corporate/commercial advisory work and litigation, arbitration and trusts.

He was an associate in Allen & Gledhill for 4½ years before moving to Khattar Wong & Partners for about 1½ years doing similar work there. After leaving Khattar Wong & Partners in March 1995 and until end 1995, he was lead counsel in a team involved in the negotiation and acquisition of oil and gas concessions in Indonesia in a joint venture on behalf of Malaysian royal interests (now the Sultan of Johore in Malaysia) and its King since 2024), as well as Brunei royal interests in partnership with Canadian Occidental Petroleum Ltd, one of the largest Canadian multinational oil companies of the one part and with private Indonesian oil companies and state agencies including the Indonesian state oil company Pertamina on the other part.

He was then a founding partner of Arul Chew & Partners in 1996 and has since been involved in numerous local and cross border litigation, arbitration, corporate/commercial and contract matters involving public listed companies, well known brands and others.

He has worked / appeared with/against senior practitioners in many jurisdictions mainly from Switzerland, Germany, England, the U.S., Australia, New Zealand, India, Bangladesh, Malaysia, Indonesia, Thailand, Vietnam, China, Sri Lanka and elsewhere.

He has appeared as co-counsel with and lead counsel against numerous Senior Counsel (SC’s) in litigation in Singapore including Presidents Counsel (PCs) from Sri Lanka in arbitration in Singapore, including acting for law firms, senior lawyers, state owned entities and public listed companies in both Singapore and abroad as well as regarding consequential/related proceedings including arbitration award setting-aside proceedings and intellectual property and disciplinary tribunals in other jurisdictions.

He acts and advises in all manner of dispute resolution in the High Court, Court of Appeal, State Courts and in other Courts and tribunals.

  1996 – 2018 – Advisory work and litigation in High Court / Court of Appeal for trusts / trust estates including Salim Talib Estate in the early 1990s and the Aljunied Estate and other estates thereafter.

Acted in 2002 for a North Korean trading company as Plaintiff in High Court Suit S230/2002/I against a Singapore company involving breaches of contract for the sale of high speed diesel (HSD), leading to confiscation of ship by the North Korea government, arrest/detention of crew on criminal charges, where the client succeeded in obtaining a mareva injunction and was awarded damages and where the Court upheld the ‘Act of State’ doctrine. Witnesses included North Korean prosecutor/judge testifying in the High Court and on behalf of the North Korean government. Is reported at (2003) 1 SLR(R) 702; (2002) SGHC 276.

Acting in early 2000 as counsel for Essar Steel, India (a public listed company in India) in taxing down costs of legal counsel, foreign legal counsel and experts involved in litigation in Singapore.

In January 2019, appointed as Nominee under the Bankruptcy Act, Singapore to administer an individual voluntary arrangement (IVA) for a Singaporean with debts both local and foreign exceeding S$400 million, which was adjudicated by him to around S$244 million, the largest IVA in Singapore and then also chaired the creditors meeting where the scheme of arrangement was voted for in favour by a majority in number of the 39 creditors present and voting and more than 75% in value of the creditors present and voting resulting in subsequent challenges and appeals in the High Court and Court of Appeal regarding the same as well as in a separate creditor High Court proceeding at trial.

Acting in 2020 in a wrongful dismissal claim in the High Court by the head of a financial institution in Singapore and Hong Kong and for another high level employee against the employer resulting in a SIMC mediation where she received substantial compensation as well as a pre-action negotiated settlement for the other employee.

Acting in 2020 – 2023 in enforcement of copyright for Turkish / Singapore developer / distributors of leading structural / architectural software in contested actions against infringing in the District Courts.

Acting in 2021 to 2023 in family disputes in the High Court involving claims for damages for breaches of trust etc. on behalf of estates as well as two (2) High Court actions regarding disputed and protracted Lasting Power of Attorney and deputyship applications regarding a mentally disordered person.

Advising/acting in 2021/2022 in a negligence/breach of contract / breach of trust claim in the High Court against stakeholder solicitors in Singapore that were successfully settled in the client’s favour in late 2023. 

  He is also a fellow of the Chartered Institute of Arbitrators in London (FCIArb), a fellow of the Singapore Institute of Arbitrators, Singapore (FSIArb) and a fellow of the Malaysian Institute of Arbitrators (FMIArb). He is a panel member of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) on their commercial arbitration mediation and adjudication panels. He is also on the panel of mediators and arbitrators of WIPO, Geneva. He regularly attends international arbitration seminars, particularly by the ICC-International Chamber of Commerce in Singapore as well as attends and participates in arbitration seminars locally and abroad and lectures to corporates / clients on legal issues.

Acted as tribunal secretary, assistant & lead counsel in numerous international arbitrations over the years (1989 onwards), primarily international arbitrations under SIAC and ICC Rules as well as some ad hoc arbitrations, both initially as assisting counsel in Allen & Gledhill and later as lead and co-counsel including with foreign counsel in arbitrations involving both single arbitrators and a panel of three (3) arbitrators, mainly involving commercial contracts, construction contracts and investment agreements, shareholder disputes and shipping related disputes. Also advising on stay applications and arbitration related proceedings including setting-aside of awards in the High Court and Court of Appeal, Singapore.

Assisting counsel in early 1990s for Japanese claimant as contractor agent Indian state owned entity for construction of a power station in India in an ICC administered arbitration.

Acted as counsel for Claimant in a 2004 SIAC arbitration ARB No. 27/04 against a Netherlands Antilles respondent company claiming damages for breach of contract for the supply of military hardware that resulted in an award and successful enforcement of the award obtained.

Assisted a single arbitrator as secretary to the tribunal from commencement of arbitration in 2011 in an international contract/sale of goods claim involving steel/coils manufactured in Taiwan for delivery in Spain, under SIAC rules and governed by English law (SIAC Arbitration No. 112 of 2011) which went on for a five (5) day hearing in January 2013 in Singapore involving two (2) expert witnesses and assisted in writing the award. 

In 2013/2014, assisted sole arbitrator as secretary to the tribunal from commencement of arbitration in a SIAC Arbitration (SIAC Arbitration No.21 of 2013) involving an Indonesian oil company which was a subsidiary of British Petroleum PLC and a defaulting Indonesian purchaser and assisted in writing the award. 

Acting for a joint venture partner of a major steel cladding supplier owned by Mittal Steel for Marina Bay Sands (MBS) in an advisory capacity as well as advising in arbitration proceedings concerning a claim for damages against its joint venture partner concerning supply of materials and construction.

Acting for main contractors and subcontractors in building construction litigation in the Courts over the years as well as acting in an advisory capacity / drafting agreements holding a brief / advising a sub-contractor on an arbitration.

Assisted Chairman of the three (3) men Arbitral Tribunal in an international shipping arbitration and assisted in researching and writing of the majority award in an ad-hoc arbitration governed by HKAIC rules with one (1) dissenting award (Fremery v Mysore Sales).

Assisted arbitrator in a two (2) arbitrator panel in an ad-hoc arbitration concerning a shipping cargo dispute concerning a vessel commenced in 2014 involving Indian parties for which the arbitral panel was reconstituted halfway and which concluded in 2018. 

Advising main investor and a Malaysian listed company in 2015/2016 as regards two (2) US multimillion dollar disputes regarding investment agreements with SIAC arbitration clauses involving the sale & purchase of a tin smelting company in Indonesia with licenses, plant, machinery and vessels as well as regards a separate but related dispute under an Indonesian tin smelting agreement with an SIAC arbitration clause.

Acted as lead counsel for two (2) China Respondent parties being shipping company/owner, based in Dalian, China in a claim by a Singapore shipping company listed on the main board in Singapore as regards a contractual and intellectual property licence dispute in SIAC Arbitration No. 49 of 2015 before a single arbitrator with two (2) Chinese law expert witnesses that proceeded for an expedited arbitration hearing on the merits on grounds including fraud for four (4) days in late 2015 as well as liaising with Chinese counsel regarding submissions/decision and appeal before the China Trademark Tribunal where client succeeded and assisting Chinese counsel in resisting arbitration enforcement proceedings of SIAC arbitral award in Dalian, China.

Instructed in 2016 as Singapore Counsel together with four (4) Sri Lankan counsel including a Presidents Counsel (PC) in an ICC arbitration with three (3) arbitrators seated in Singapore in ICC case No. 21266/CYK by a Sri Lankan State owned company concerning a dispute over a multimillion Euro contract granted to an Italian company by company appointees of a previous government of Sri Lanka regarding the interior design and fitting out of the Grand Hyatt Hotel in Colombo, Sri Lanka and subsequently as lead counsel for the applicant in a challenge to the arbitral award at the seat in the High Court in Singapore in OS 1238/17 which came up for hearing in mid 2018 and is reported at (2018) SGHC 157. 

Instructed as lead counsel in 2018 by a State owned company in Sri Lanka being suppliers of armed guards with weapons from a floating armoury off Sri Lanka to ships plying the horn of Africa, to set aside in the High Court in Singapore a default SIAC arbitration award (where the former Chief Justice of Singapore Chan Sek Keong dissented), where the High Court judge at first instance decided against the client reported at [2019] 4 SLR 995; (2018) SGHC 78, who appealed to the Court of Appeal in 2019 in CA 240/2019, where the appeal was allowed in client’s favour in May 2019 and the SIAC award set aside with costs in a landmark case in arbitration law in Singapore (reported as [2019] 2 SLR 131; (2019) SGCA 33). Issues in the proceedings included corruption/criminal proceedings against the former chairmen of both parties, three (3) former commanders of the Sri Lankan navy and two (2) Sri Lankan government ministers, one (1) of whom was President of Sri Lanka till 2022, Gotabaya Rajapaksa.

Commencement of two (2) SIAC arbitrations for the claimant in an investment agreement and loan agreement claim in March 2023 that were settled in the clients favour in late 2023.

  Dealing with local and foreign counsel in investment advisory work including setting-up trust and company structures with local and offshore BVI companies, international due diligence & related work for foreign corporate acquisitions of entities in different jurisdictions including Singapore, corporate advisory work, construction contracts, shipbuilding contracts and related security / finance documentation, financing agreements including foreign investment / joint venture agreements. 

Drafting / setting-up corporate structures / agreements for a Indian entity relating to sale / distribution of defence hardware.

Drafting documentation relating to trust and corporate arrangements with Japanese shipping companies and Singapore entities operating VLCCs, shipbuilding and charter party/security documentation.

Negotiating, drafting contracts relating to multimillion dollar transfer/sale/ trust over land and construction and related contracts pertaining to a service apartment building in Yangon, Myanmar as well as agreement with the managing agent being Ascott Group of Singapore in 2018.

Negotiating, drafting/vetting contracts and related documentation for a Singapore shipping company relating to a joint venture and subsequently sale/transfer of ten (10) specialised multimillion dollar AHTS tug boats in 2017/2018 to a shipping joint venture partner based in Norway and advisory work thereafter.

In 2021/2022, advising drafting agreements for a Singapore client relating to joint venture partnership / funding of infrastructure projects in India.

Due diligence, acquisition by a German company of a Singapore company in 2022, drafting corporate agreements for a Singapore subsidiary of a German company for use in the Asia Pacific region in 2023.

Advising in 2023 on shareholder funding issues pertaining to shareholder proportions in multimillion dollar shipping joint venture that was restructured in 2021.

Attended mediation courses since 2002 courses at the Singapore Mediation Centre (SMC) over the years and was admitted to the panel of SMC as an Associate Mediator since January 2010 and to the Panel of Principal Mediators of SMC since April 2016 and is on the Panel of the Singapore International Mediation Institute (SIMI) since 2016.

He is an accredited mediator and a volunteer trainer and examiner with the Singapore Mediation Centre (SMC) for its mediation/mediation accreditation courses and is a Principal Mediator of SMC and also a fellow of SMC (FSMC). He is a mediator with the Singapore International Mediation Institute (SIMI) and is also on the Law Society’s Penal of Senior Mediators in the Law Society Mediation Scheme. He also sits as a Court Appointed Volunteer Mediator with the Small Claims Tribunal in Singapore and has mediated SMC and SMC partner mediations including recently on shareholder disputes involving multiple High Court suits. 

A coach at SMC for mediation and mediation accreditation courses conducted by it since 2010 as well as an examiner for the Associate Mediator accreditation course of the SMC since 2014 and examiner for mediation assessment for candidates for admission to the Singapore Bar (Part B) since 2017 and a State Courts appointed volunteer mediator since 2012. 

A mediator/co-mediator in mediations conducted by SMC since 2010 and as counsel in mediations in Court administered, mediations in the State Courts and in the High Court in Singapore since the early 1990’s, and as counsel at mediations conducted by the High Court, State Courts, SMC and SIMC. 

More recently, Principal Mediator (with or without a co-mediator) successfully mediating several disputes already pending as High Court suits concerning company/shareholders, joint ventures, breach of fiduciary duties, minority shareholder oppression and corporate disputes including in January 2021, a High Court suit relating to the penny stock crash in Singapore involving multi-million dollar claims, in April 2021 a housing construction dispute, in August 2021 a shareholder dispute between partners involving a major shareholder of a key property developer in Singapore and in November 2021 a major shipping shareholder dispute involving Japanese & Singapore companies/persons disputing shares held on trust, which companies owned vessels comprising a tuna fishing fleet and attendance by Japanese lawyers and finance experts.

In 2022 was Principal Mediator in successful SMC mediations involving a Singapore government statutory board and company.

More recently mediated commercial contracts disputes for ongoing High Court cases.

Obtained a Certificate in Adjudication in July 2012 after attending a course there, from Kuala Lumpur Regional Centre for Arbitration (KLRCA) (now renamed Asian International Arbitration Centre (AIAC)). 

Adjudication coach at KLRCA at the inception of training on adjudication there in 2013.

Appointed adjudicator by KLRCA in KLRCA Adjudication 0094 of 2015 in a construction dispute involving an electrical and air-conditioning sub-contractor and a main contractor in a large housing project in Selangor, Malaysia.

Attending SMC course on construction adjudication in Singapore in 2023.

In January 2019, appointed and then approved by the High Court as Nominee under the Bankruptcy Act, Singapore to administer an individual voluntary arrangement (IVA) for a Singaporean with debts both local and foreign exceeding S$400 million, which he adjudicated down to S$244 million for what was the then largest IVA in Singapore. He then chaired the creditors meeting where the scheme was voted for in favour by a majority in number of the 39 creditors present and voting and more than 75% in value of the creditors present and voting resulting in subsequent challenges and appeals in the High Court and Court of Appeal by one (1) creditor.