Jerald Foo, FCIArb

Areas of Practice

• General Civil and Commercial Litigation

• Arbitration

• Mediation

• Alternative Dispute Resolution

Representative Matters

Litigation & Dispute Resolution

• Lead counsel for POSH Semco Pte Ltd (of the Kuok Group) in SIC/S 1/2019, successfully obtained summary judgment in a charterparty dispute before the Singapore International Commercial Court (Sir Jeremy Cooke), after arguing and successfully defending the opponent’s application to stay the court proceedings.

• Successfully represented Macquarie Bank Limited against a Chinese state-owned entity before the Singapore International Commercial Court (Sir Bernard Henry Eder, involving complex issues of interpretation regarding derivatives and the ISDA Master Agreement ([2018] 4 SLR 87 in HC/S 416/2016 sub nom SIC/S 5/2017). The Court found entirely in favour of the bank. The judgment is now widely cited as an authority on determining Early Termination Amounts in ISDA transactions

• Lead counsel for former directors and officers of a Singapore listed company to defend S$30 million claims by the company’s joint venturer before the Singapore High Court (HC/S 180/2022).

• Acting for one of the world’s largest jewelry and diamond wholesalers to recover US$23 million owed from a US-based client in Singapore High Court proceedings (HC/S 418/2018).

• Acting for a Singapore trade finance company to recover US$63 million lent to a Singapore commodities firm and the latter’s Ontario and Dubai-based guarantors in Singapore High Court proceedings (HC/S 654/2020).

• Advising on professional negligence claims of S$112 million against a Big-4 accounting firm in Singapore High Court proceedings (HC/S 45/2020).

• Acted for a company to recover the sum of S$5 million lent to a party which subsequently became insolvent. This led to various novel issues being submitted and determined by the Court of Appeal, including whether a third-party security can constitute an undervalue transaction under Singapore’s insolvency regime ([2022] SGCA 25).

• Acted for cargo owners to set aside an arrest of a vessel before the Singapore High Court (HC/RA 3/2022). The appeal gave rise to untested legal issues on the grounds by which a non-owner of a ship can set aside an arrest.

International Arbitration

• Lead counsel for a Malaysian telecommunications company in a SIAC arbitration against a Belgian company for unpaid contractual debts, involving novel issues of take or pay contracts, liquidated damages and penalty clauses. The client won on every one of its claims.

• Successfully acted for a major Australian bank in a SIAC arbitration to recover US$57 million against a Chinese oil trading company. Also represented the bank in its successful defence of the application to set aside the arbitral award before the Singapore High Court and the enforcement of the arbitral award in China.

• Successfully represented a global conglomerate in a US$48 million dispute against a Chinese state-owned entity under the UNCITRAL arbitration rules and administered by SIAC.

• Acted successfully for a UK oil and gas company in a US$80 million ICC arbitration claim against its joint venturers. The ICC arbitration was governed by English law and seated in London.

• Advised an international renewables energy contractor to defend against US$750 million Indian-seated arbitral proceedings by the employer.  

Fraud & Asset Recovery

• Lead counsel for a high net-worth individual to recover monies paid out to a sophisticated online scam (HC/S 371/2022). This involved obtaining Mareva and proprietary injunctions against defendants and unknown persons.

• Acted for a German listed company which was the victim of an email phishing scam. Jerald successfully argued and obtained Mareva and proprietary injunctions before the High Court (HC/S 619/2018).

Restructuring & Insolvency

• Acting for a major Indian bank in its admiralty in rem and in personam claims to recover US$75 million loaned to one of Singapore’s largest ship charterers (HC/ADM 71/2020), which has been placed under liquidation.

• Acted for the Hyflux Group in one of the most complex restructuring exercises in Singapore.

• Advised receivers in the recovery of debt from a trade financing company, Phoenix Commodities Pte Ltd.

• Advised various clients on the impact of Singapore’s Covid-19 legislation on the bankruptcy and insolvency process.

• Represented a Singapore charterer in the liquidation of one of its debtors, Kensteel Engineering Pte Ltd.

• Advised a major Australian bank in the judicial management of Hontop Energy (Singapore) Pte Ltd.

White Collar Crime

• Acted as amicus curiae in Abdul Ghani Bin Tahir v Public Prosecutor [2017] 4 SLR where a director was charged for allowing his company to be used for money-laundering activities; commended by the court for “comprehensive research, analysis and clear written submissions which were instrumental in helping [the Court] arrive at [its] decision”.

• Conducted internal investigations into alleged improper trading on behalf of a major international bank.

• Member of a magic circle's global team representing a sovereign wealth fund in potential claims and on-going investigations relating to the 1MDB saga.

Advisory / Regulatory

• Conducted internal investigations into alleged employee misconduct on behalf of a major international bank.

• Advised various clients (including an international electronics manufacturer, an international bank and a video-gaming company) on different employment law issues, including (a) restrictive covenants (b) termination of employment (c) health and safety issues.

• Advised an Australia-based transport and logistics company on the submission of a leniency application in relation to freight forwarding agreements.

• Advised a listed company on its pre-emption rights under a joint venture contract.

Admissions

• Singapore
• England and Wales

Education

• University of Oxford, Mansfield College, BCL (Distinction), 2010
• London School of Economics and Political Science, LL.B. (First Class Honours), 2009

Experience

• Selvam LLC
  - Director, 2022-present
• Oon & Bazul LLP
  - Partner, 2021-2022
• Clifford Chance Asia
  - Senior Associate, 2017-2021
  - Associate, 2012-2017
• Wong Partnership
  - Trainee, 2012

Professional Activities

• Fellow, Chartered Institute of Arbitrators

• Member, Law Society of Singapore Civil Practice Committee (from January 2022)

• Member, Singapore Academy of Law’s Law Reform Committee (2012 to 2016)

• Member, Singapore Academy of Law Sub-Committee on the Law of Harassment (2013)

• Junior Assisting Counsel, Supreme Court Legal Aid Scheme for Capital Offences (2014)

• Young Amicus Curiae, Supreme Court of Singapore's Young Amicus Curiae Scheme (2015/2016 and 2016/2017)

• Fellow, Blackstone Legal Fellowship, administered by the Alliance Defending Freedom organisation (2010-present)

• Member of the Asean Law Association (Singapore Chapter) (2014-present)

Civic and Charitable Activities

• Jerald has been privileged to be appointed amicus curiae on various significant matters before the Singapore Courts:

  • In Chan Chung Hong v Public Prosecutor [2016] 3 SLR 465, which involved the first ever prosecution of commercial sex tourism in Singapore, the Chief Justice of Singapore praised Jerald’s research and submissions for being “thorough and of great assistance”.
  • In Sim Yeow Kee v Public Prosecutor [2016] 5 SLR 936, a rare 3-man High Court (presided by the Chief Justice) thanked Jerald for his “very comprehensive and cogent written and oral submissions” regarding the corrective training regime in Singapore and “for the diligence and care with which [he] applied [himself] as officer[] of the court”.
  • In Abdul Ghani Bin Tahir v Public Prosecutor [2017] 4 SLR 1153, which involved the novel issue of when a director should receive a custodial sentence for breach of his director’s duties, Chan Seng Onn J commended Jerald for his “comprehensive research, analysis and clear written submissions which were instrumental in helping [the Court] arrive at [its] decision”.