Managing Partner
- LLB (Hons) (First Class Honours), National University of Singapore
LLM (Harvard)
Senior Counsel, Supreme Court of Singapore
Advocate & Solicitor, Singapore
Attorney and Counsellor-at-law, Bar of the State of New York
Fellow, Singapore Institute of Arbitrators
Contact Information:
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Practice Areas:
Appeals & Issues Practice, Commercial Litigation Practice, Construction & Projects Practice, International Arbitration Practice
Menon says
"It is an extraordinary privilege to be able to practise my profession at this Firm. Our clients come first and every lawyer here does what he or she can to ensure we’re exceeding their expectations every day."^
Sundaresh graduated with First Class Honours from the National University of Singapore and later took a Masters degree from Harvard Law School where he again achieved academic distinction. He has been practising in the field of commercial arbitration and litigation for more than 20 years.
Sundaresh is recognised by a number of legal journals, including the 2009 Best Lawyers® Annual Guide to Litigation and ADR, PLC Cross-Border Dispute Resolution Handbook 2009, the Chambers Global Guide, Chambers Asia, the Best Lawyers Guide, Asia Pacific Legal 500, Who’s Who Legal, International Who’s Who of Commercial Arbitrators, the Guide to the World’s Leading Experts in Commercial Arbitration, the Guide to the World’s Leading Insolvency and Restructuring Lawyers, Euromoney’s Guide to the World’s Leading Real Estate Lawyers and Euromoney's Guide to the World's Leading Litigation Lawyers as being one of Singapore’s and Asia’s leading lawyers in the fields of commercial litigation and arbitration, insolvency and construction law. Sundaresh was named among the leading international arbitration practitioners in the world by the Chambers Global Guide 2006.
Sundaresh currently serves as Deputy Chairman of the SIAC. He is also a member of the Main Panel of Arbitrators of the SIAC, the Panel of Arbitrators of the Beijing Arbitration Commission and the Panel of Arbitrators of the Korean Commercial Arbitration Board, and a Fellow of the Singapore Institute of Arbitrators. He represented Singapore as a delegate at the UNCITRAL Working Group on International Arbitration from 2003 to 2005 and has again been doing so since 2009.
Sundaresh rejoined the Firm in April 2007 after completing a one-year stint on the Supreme Court of Singapore as Judicial Commissioner. During his term, he presided over a number of major commercial and criminal matters. He was appointed Senior Counsel in January 2008
Cases includes:
1. Oil & Gas & Natural Resources
- Counsel to an international oil and gas company in UNCITRAL arbitration proceedings arising out of disputes over rights to use an international pipeline.
- Counsel to an international oil major in disputes arising out of a long term offtake agreement relating to a petrochemical facility.
- Advising government interests in relation to disputes arising out of production sharing contracts relating to gas from the exploration and production of natural gas fields in the ASEAN region.
- Advising government interests in relation to potential rights and liabilities arising under various gas sale agreements.
- Representing a major international mining company in arbitration proceedings concerning disputes arising out of a minerals production sharing agreement and associated joint venture agreements for a nickel mining concession.
- Representing a substantial investor in disputes concerning one of the largest coalmines in the Southern Hemisphere.
2. Power & Energy
- Advising major independent power producers in the ASEAN region in disputes with the State Utility arising under several long term power purchase agreements.
- Representing an international consortium of contractors, being the main civil contractor, in UNCITRAL arbitration proceedings arising out of a contract with Government interests for the construction of a major 1000MW hydroelectric power project in Thailand.
- Advising an international consortium of contractors, being the main civil contractor, in respect of its rights and remedies under the EPC contract entered into with Government interests for the design and construction of a hydroelectric plant involving one of the largest rock-filled dams in the world.
- Representing the main contractors in connection with disputes arising out of separate projects for the construction of power plants in Singapore.
- Representing and advising the main contractor in separate arbitrations before the SIAC and the LCIA in connection with disputes with sub-contractors arising out of the construction of a power plant.
- Representing the EPC contractors in disputes arising out of the design and supply of power boilers in Thailand in ICC arbitration proceedings.
3. Petroleum & Petrochemical Projects
- Negotiating, drafting and advising on EPC and other contractual arrangements for the construction of a number of petroleum and petrochemical facilities in Singapore.
- Representing employers involved in disputes arising out of a variety of petroleum projects including several dredging contracts, contracts for the construction of various submarine pipelines and contracts for the construction of various oil refining facilities in Singapore.
- Representing employers in disputes arising out of petrochemical projects undertaken in Singapore, Malaysia and Thailand.
- Representing contractors in various disputes arising out of the construction of petroleum facilities including tank farms and aviation fuel delivery systems in Singapore, Brunei and Hong Kong.
- Representing the owner in ICC arbitration proceedings relating to disputes arising out of an EPC contract for a petrochemical plant in Singapore.
- Representing the owner (an international consortium) in disputes with a major international contractor under an EPC contract for one of the largest acrylics plants in the world.
4. Telecommunications/IT
- Representing a major international telco supplier in separate ICC arbitration proceedings with the operator and with the sub-supplier arising out of a telecommunication infrastructure project in an ASEAN nation.
- Advising an IT services providers in various disputes arising out of a number of systems integration projects in Asia.
- Advising a consortium partner in UNCITRAL arbitration proceedings arising out of the supply of an intelligent control system for a logistics facility. The matters in issue related also to indemnity claims and potential claims against the owner.
5. Civil Water & Environmental Engineering
- Advising a consortium of 5 contractors in ad hoc proceedings arising out of a mega-project involving an EPC contract for the construction of the wastewater treatment infrastructure for a province in the ASEAN region in claims against the employer and in defending claims by sub-contractors as well as in disputes within the consortium.
- Representing parties in separate ad hoc arbitrations arising out of contracts for the supply of consultancy engineering services for a number of major sewage treatment plants in Singapore.
- Representing the contractor in disputes arising out of the construction of a major sewage outfall.
- Advising the contractor in relation to marine engineering and dredging outfall works in Brunei.
- Advising the main contractor in claims against the Government of Hong Kong arising out of a contract for a portion of the Strategic Sewerage Diversion Scheme.
- Representing the main contractor against a government entity in connection with a granite quarry contract involving removal of overburden and issues of incorrect information supplied at the time of tender.
- Advising on procurement issues and tendering procedures for bids to provide services pertaining to wastewater treatment and discharge in Singapore.
6. Offshore & Marine Engineering
- Representing the main contractors in various disputes pertaining to jetty construction, reclamation works, laying of sub-marine pipelines, dredging and trenching works, in Singapore.
- Representing the main contractor in proceedings against the piling sub-contractor in relation to defective submarine piling for the construction of a jetty in Singapore.
- Representing a major international contractor in UNCITRAL arbitration proceedings arising out of a large contract for the design, supply and installation of an overhead bridge crane system.
- Advising an international oil company on disputes arising out of construction of a submarine pipeline due to damage to a fibre optics cable.
- Advising the main contractor on a reclamation contract in relation to issues of impossibility and inaccurate soil information furnished at the time of tender.
7. Ports & Airports
- Representing several specialist contractors in disputes arising out of contract packages pertaining to international airports in Singapore, Hong Kong and Brunei.
- Representing the main contractors in disputes arising out of the construction of a major cargo terminal and handling facility in Hong Kong with related dredging and reclamation works.
- Representing the contractor in disputes arising out of the construction of a large container terminal and handling facility in Singapore.
- Advising the main contractor in connection with claims arising out of the approach roadways package for a major international airport in the ASEAN region.
8. Commercial/Corporate Disputes
- Acted for a major telecommunications company in defending charges of breach of competition provisions.
- Acting for the vendors of a substantial interest in the business of manufacturing components for the computer hardware industry in arbitration and litigation proceedings concerning alleged breaches of representations and warranties.
- Acting for a Chinese entity in ICC proceedings arising out of the purchase of equipment from a European manufacturer.
- Lead counsel to an international bank in proceedings concerning the enforcement of payment obligations in relation to a series of derivative products.
- Lead counsel for an administrative authority in an appeal before the Court of Appeal concerning the exercise of administrative discretion.
- Lead counsel for an American investor group in SIAC arbitration proceedings with a Korean counterpart arising out of a joint venture in a financial services company.
- Counsel to a US multinational company in disputes arising out of a contract for the sale and purchase of an investment in Thailand.
- Counsel to a major commercial entity in proceedings concerning the alleged breach of mortgagee duties pertaining to a secured financing transaction.
- Acted for high net worth Malaysian investor clients in claims against one of the world’s leading investment banks and successfully recovered substantial securities and investment funds misappropriated by a fugitive senior bank executive in a banking scandal in Hong Kong and South East Asia.
- Representing the American Investor Group in disputes relating to the control and subsequent disposal of the Brittania Group of Companies.
- Representing a leading Singapore company in disputes arising out of a joint venture agreement with a Japanese party.
- Representing a group of shareholders in disputes relating to control of a company engaged in the printing business.
- Representing an Indonesian company in disputes arising out of a share swap and a joint venture agreement with an European company for the development of a joint business.
- Representing the owner of a major hotel in disputes arising out of a hotel management agreement.
- Lead counsel to the Inspectors, Judicial Managers and Liquidators of Barings Futures Singapore Pte Ltd in connection with the Inspection into the circumstances surrounding the collapse of Barings, and subsequently in litigation arising out of unauthorized futures and options transactions entered into on behalf of the company.
- Representing Indonesian stakeholders in recovery proceedings relating to an investment project in Mauritius.
- Lead advisor to an international finance company in connection with an alleged patent infringement involving proprietary software for international foreign currency transactions and conversions.
- International counsel to the Special Auditors appointed by the Singapore Exchange to investigate the circumstances surrounding the losses incurred for oil derivatives trading by China Aviation Oil.
- Advising the concessionaire under a BOT contract for two highway packages in India in relation to claims against the National Highways Authority of India.
- Advising an international oil company in respect of its rights against a contractor for damage caused to a pipeline in the course of marine operations.
- Advising a Hong Kong listed contractor in a substantial HKIAC arbitration in Hong Kong involving disputes valued at more than HK$100 million, that arose out of the construction of a residential development in Hong Kong.
- Acting for government interests in arbitration proceedings arising out of the termination of a concession agreement.
Court Cases
Sundaresh issued 29 judgments as a Judicial Commissioner of the Supreme Court between April 2006 and March 2007. These covered a wide range of areas including company law, contracts, sale of goods, patents, equity, proprietary estoppel, laches, estates, administrative law, employment, civil procedure, tax and criminal law. A list of these judgments can be made available on request.
- Deputy Chairman, Singapore International Arbitration Centre
- Member, Senate, Singapore Academy of Law, Singapore
- Member, Rules Committee, Supreme Court, Singapore
- Member, Audit Committee, Singapore Academy of Law
- Member, Council of Law Reporting, Singapore Academy of Law
- Member, Professional Affairs Committee, Singapore Academy of Law
- Member, Committee for the International Promotion of Singapore Law, Singapore Academy of Law
- Member, Committee for Legal Education and Studies, Singapore Academy of Law
- Member, Commissioning Panel, Singapore Academy of Law
- Member, IBA Task Force on Guidelines for Arbitration Agreements
- Director, MOH Holdings Pte Ltd
- Member of Exco and Board of Directors, National University Health System Pte Ltd
- Member, Board of Directors, Singapore Mediation Centre
- Director, Ascendas Property Fund Trustee Pte Ltd
- Member, Advisory Board, Singapore Management University Faculty of Law
- Member, Board of Directors, Singapore Institute of Legal Education
- Member, Legal Services Review Committee appointed by the Ministry of Law (2006 – 2007)
- ‘Public Policy and the Enforcement of International Arbitral Awards’, paper presented to the Kuala Lumpur Regional Center for Arbitration and the Malaysian Institute of Arbitrators (2006)
- ‘The Proposed Amendments to the Model Law’, paper presented to the Kuala Lumpur Regional Center for Arbitration and the Malaysian Institute of Arbitrators (2006)
- ‘Reforming the Model Law provisions on interim measures of protection’, Asian International Arbitration Journal (Singapore) 2:1:1-31, 2006.
- ‘Arbitration and the Courts : Partnership or Competition?’, (co-authored with Prof M Sornarajah) published by the Singapore Academy of Law in ‘Developments in Singapore Law : 2001 – 2005’ (2006)
- ‘The Termination of Construction Contracts at Law and under the Contract’, paper presented to the Malaysian Bar council, the Malaysian Society of Construction Law and the Chartered Institute of Arbitrators (Malaysian Branch), August 2005
- ‘Arbitration under the ICC Rules’, paper presented at the International Arbitration Workshop, a seminar co-organised by Singapore International Arbitration Centre and PT Bismark Solusi Konsultan, April 2005
- ‘Resolution of Construction Disputes in Singapore – Some Issues and Reflections’, paper presented at a conference organized by Davis Langdon & Seah Consultancy, November 2004
- ‘Contract Administration under the SIA & the PSSCOC Forms – A Brief Review of Some Critical Provisions’, paper presented at a conference organised by Davis Langdon & Seah Consultancy, November 2004
- ‘Judicial Involvement in International Arbitration : Help or Hindrance?’, paper presented at KCL-NUS MSc (Construction Law & Arbitration) Programme, October 2004
- ‘A Review of the Law of Performance Bonds in Singapore’ paper presented at a conference organised by Davis Langdon & Seah Consultancy
- ‘Contract Administration’ (published by Lexis Nexis, 2004; co-author)
- ‘Drafting an Effective Arbitration Agreement’, paper presented at an International Arbitration Symposium in New York jointly organised by Weil Gotshal & Manges LLP, Derains & Associés and Rajah & Tann, June 2001
- ‘Sureties and Performance Bonds in Common Law Jurisdictions’, paper presented at 11th Annual Meeting and Conference organised by Inter-Pacific Bar Association, April 2001
- ‘Money in Construction Projects’ chairing a conference organised by Butterworths Professional Conferences, March 2001
- ‘It's About Time’, a paper on extension of time and liquidated damages presented at a conference organised by Davis Langdon & Seah Singapore Pte Ltd, March 2001
- ‘Pure Economic Loss – Opening the Floodgates’, paper presented at a conference on ‘Defects and Claims from MCSTs’, organised by Davis Langdon & Seah Singapore Pte Ltd, May 2000
- ‘Choice of Law Clauses and the Limits on Party Autonomy’, paper presented at the 8th Singapore Conference on International Business Law (co-authored with V K Rajah), and published in ‘Current Legal Issues in International Commercial Litigation’ 1997
- ‘Remedies in Contract and Tort for Construction Defects’ paper presented at a Conference on ‘Construction Contracts, Disputes and Claims’, organised by the Asia Business Forum, June 1997
- ‘Bonds, Certificates and Summary Remedies in Construction Disputes’, paper presented at the Pan Asian Summit on Avoiding and Resolving Construction Disputes, organised by the Institute for International Research, October 1996
- ‘Effecting Service of Process out of the Jurisdiction’, Note on Ong & Co Pte Ltd v Carl Chow, (1990) 2 S.AC.L.J. 111
- ‘Performance Bonds in the Construction Industry; Freedom of Contract v Commercial Hardships and Realities’ paper presented at a conference on Documentary Credits organised by the Centre for Commercial Legal Studies, National University of Singapore
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