In international disputes, it is common for opposing parties to have assets situated all around the globe. Consider a situation where a PRC client would like to commence suit against an Indonesian counterparty with assets around the globe, including in Singapore, Hong Kong and the BVI. Prior to commencing action against the counterparty, it is typical to consider upfront an enforcement strategy against the counterparty’s assets. To preserve the status quo pending judgment, national courts have from time to time granted Mareva injunctions to prevent a defendant from dissipating his assets during the pendency of an action. This seeks to ensure that, if a plaintiff obtains favourable judgment, the plaintiff will be able to enforce the judgment against the assets of the defendant, and not be left with a paper judgment.
However, an issue that a plaintiff may face is that neither a court judgment nor a Mareva injunction may automatically bind third parties located in another jurisdiction where the defendant’s assets are situated. In this webinar, participants will learn to what extent practitioners can obtain effective Mareva relief from the Singapore, Hong Kong and BVI courts in support of foreign proceedings. Panelists will compare between arbitration and court proceedings, and consider alternative methods for freezing assets. In doing so, participants can better understand the strategy to be pursued in order to maximise the chances of successful recovery against assets located in various jurisdictions.
SPEAKERS
Jelita Pandjaitan
Jelita leads the Linklaters’ Dispute Resolution practice in Asia, focusing on South East Asia and Hong Kong SAR, where she practised for 10 years before relocating to Singapore. She advises and represents clients on their most complex cross-border commercial disputes, whether seeking resolution through arbitration, litigation, mediation or negotiation.
Jelita specialises in financial and energy and resource arbitrations, using all the major institutions and rules (such as SIAC, HKIAC, ICC, and UNCITRAL), including obtaining interim injunctive relief and enforcing arbitral awards in regional courts. She has been appointed by both the SIAC and the ICC as a sole or co-arbitrator.
Jelita regularly speaks at arbitration conferences and seminars around the region, including the ICC Indonesia ADR conference and GAR Live Singapore. Nominated by her peers, Jelita was appointed to the Panel of Recognised International Market Experts (P.R.I.M.E) in Finance for her legal and market expertise in financial products disputes.
James Noble
James Noble is a Partner at Carey Olsen in Singapore which a leading offshore law firm. He is the head of the firm's litigation, insolvency and restructuring practice in Asia and his team in Singapore is the largest of the offshore firms. James advises on Cayman, British Virgin Islands (BVI) and Bermuda law, and is the only Cayman and BVI admitted litigator in Singapore. A specialist in complex and high value shareholder litigation, asset recovery, cross-border enforcement and insolvency, James has over 20 years' experience working in a wide variety of commercial, trust and estate disputes and private wealth matters. James is also recognised as an expert in asset recovery in the latest edition of Who's Who Legal, and regularly acts in high profile and market leading cases, particularly in connection with listed companies.
James has been named in the Asian Legal Business (ALB) 2021 Offshore Client Choice List. The prestigious list, which is limited to 10 legal experts each year, highlights Asia's standout lawyers from offshore law firms who have exceeded client expectations. James has also been named in the Top 15 Offshore Litigators in Asia by ALB.
Nicholas Poon
Nicholas is a director of Breakpoint LLC, a specialist dispute resolution law firm. Nicholas commenced private practice as a disputes lawyer with Drew & Napier before setting up Breakpoint. Nicholas has also served in the Supreme Court as a Justices’ Law Clerk to the Chief Justice and Judges of the Supreme Court and an Assistant Registrar. Nicholas and the Firm specialises in commercial disputes, both in the Courts and before arbitral tribunals, in Singapore and around the region. Breakpoint’s clients include international banks, multinational corporations, SOEs, SMEs, start-ups, HNWIs and underprivileged individuals.
FEES
a. Registration Fee
Registration fee of S$107* (inclusive of GST) applies per module
b. Group Registration
Registration fee of S$96.30* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni (LLB / JD / LLM graduates)
Registration fee of S$96.30* (inclusive of GST) applies for SMU LLB/ JD/ LLM Alumni per module
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the event. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy [at] smu.edu.sg, by 18 February 2022.
SMU Law Academy reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of fees paid.
