Litigation & Dispute Resolution
Mervyn Foo is a Partner with the Litigation and Dispute Resolution Department. He graduated from the National University of Singapore in 2002 and was admitted as an advocate and solicitor of the Supreme Court of Singapore in 2003.
Mervyn has experience in handling a wide range of disputes including international arbitration, commercial, criminal, employment, strata dispute and tenancy matters. His notable work includes the following matters:
- Advising and assisting the Claimant in a 13-day International Chamber of Commerce (ICC) arbitration involving a dispute between a foreign corporation and a foreign government arising out of a Build-Operate-and-Transfer Concession Agreement. The total amount in dispute is estimated at US$1,465,000,000. The award of the ICC Tribunal is presently the subject of setting aside proceedings before the Singapore High Court.
- Advising and assisting in successfully obtaining a partial award on governing law granted by the ICC Tribunal in the abovementioned arbitration, which involved complex issues concerning the conflict of laws and successfully resisting an application to set aside the aforesaid partial award before the Singapore High Court.
- Advising UK and Singapore liquidators on a title dispute over metal cargo located in certain warehouses in Singapore worth about US$18m arising from the winding-up (UK) and ancillary winding-up (Singapore) of a UK metal trading company involved in a massive international fraud perpetrated against various international banks.
- Advising and assisting in the successful 20-day trial and subsequent appeal before the Court of Appeal against one of the abovementioned international banks with regard to the abovementioned title dispute, which involved complex and novel issues of law and fact, including an unprecedented determination on the applicability of Section 20A of the Sale of Goods Act and hedging/hedge unwinding practices on the London Metal Exchange.
- Advising and acting as lead counsel for a local corporation in a 15-day trial to resist a claim for the alleged breach of a turnkey project to pioneer the production of UHT-treated liquid creamer in portion cups in Singapore and to bring a counterclaim for payment for goods sold and delivered. Both claim and counterclaim were allowed in part.
- Advising and acting as lead counsel for a local corporation in a 5-day trial to bring a claim for outstanding progress payments for mechanical and engineering works. The Defendant eventually conceded the claim in the midst of cross-examination.
- Advising and acting as lead counsel for a local corporation in resisting an application to contest the jurisdiction of the Singapore Courts, which involved complex issues of procedural law concerning the service of process in Malaysia. The application was successfully resisted despite the applicant’s appeals to the High Court and subsequently, the Court of Appeal.
- Advising and acting for various corporations in matters involving competition law, including investigations by the Competition Commission of Singapore and the first infringement decision under the Competition Act.
- Advising and assisting the Defendant during the execution of an Anton Piller Order and Mareva Injunction and subsequently, in successfully setting aside the same.
- Advising and assisting in a successful appeal before the Singapore High Court against the decision of a local professional disciplinary body.
- Advising and acting for foreign and local corporate organisations and banks in recovery claims.
- Advising and acting for a foreign bank in the registration and enforcement of foreign Judgments in Singapore.
- Advising and acting for Management Corporations in various strata disputes, recovery claims for arrears of maintenance and sinking funds and dissolution proceedings.
- Advising and acting for clients in private prosecutions.
- Advising and defending clients prosecuted by the State.