Mervyn Foo

About Mervyn

Mervyn has experience practising in a wide range of matters, including both contentious and advisory work for insolvency and restructuring, commercial disputes, employment, criminal, competition, probate, strata disputes and tenancy matters.

Case Highlights

• Advising and acting for the liquidators in relation to all aspects of winding up 2 locally incorporated construction companies, involving issues such as:

  • Lifting a Mareva Injunction against the companies

  • Engaging various main contractors regarding “deeming provisions” contained in the construction contracts

  • Resolving charges for regulatory offences

  • Recovery of outstanding trade receivables

  • Negotiating and entering into settlements with various stakeholders, including lenders,main contractors, trade debtors etc.

  • Assisting the Liquidators in briefing the Committees of Inspection

• Advising the Delegation of Singapore in relation to various operational and employment matters involving an intergovernmental organization.

• Advising and acting for the Government of a foreign country in a multi-million dollar claim arising from the breach of a contract for the supply of ventilators and masks during the  COVID-19 pandemic.

• Advising and acting for a registered trade union in a claim arising from a breach of warranty concerning unauthorised additions or alterations, that was given in conjunction with the sale and purchase of an immovable property.

• Advising and acting in an action by minor beneficiaries for the disbursement of maintenance payments from their late father’s estate. The decision of the Court clarified the application of the doctrine of assent in Singapore, and has subsequently been cited in several other cases.

• Advising and assisting the Claimant in a 13-day International Chamber of Commerce (ICC) arbitration involving a multi-million dispute between a foreign corporation and a foreign government arising out of a Build-Operate-and-Transfer Concession Agreement. 

• 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 acting for the Ministry of Manpower in the recovery of financial penalties arising from prescribed infringements under the Employment of Foreign Manpower Act.

• 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.

Memberships & Directorships

• Member, Law Society of Singapore

• Member, Singapore Academy of Law