Associé

Suresh Nair

Commercial Litigation, International Arbitration, Banking & Finance Litigation

Singapore +65 6922 2332

suresh.nair@mayerbrown.com

An ‘incredible lawyer”,’ “‘impeccable”,’ and an “‘absolutely outstanding advocate and highly experienced lawyer, a joy to interact with.’"

IFLR1000 (2020)

Aperçu

Clients turn to Suresh for representation in corporate and commercial litigation, international arbitration, insolvency and restructuring, banking, and employment-related disputes.

Suresh has been admitted to the rolls of solicitors of the Supreme Court of England and Wales. He previously worked at another prominent firm where he served as head of its litigation department.

Expérience

Represented:

A renowned chain of luxury resorts in a COVID-19 related insurance claim for business interruption in the case of Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251. The insurers applied to stay the case in favour of arbitration but the Court dismissed the application on the basis that the arbitration clause had a carve out that entitled the plaintiff to bring the case in Court. The decision is a landmark decision on the severability of arbitration agreements.
An insolvent commodity trading company whose receivables were sold to third parties against credit insurance. The credit insurance claims have given rise to issues relating to Advance No Claim Bonuses and the manner in which debts may be proved in various jurisdictions such as to ground claims against the credit insurance policies. The company put forward a novel scheme of arrangement based on creditor funding of litigation against insurers. The scheme was recently sanctioned by the High Court.

P&I insurers of a number of vessels owned by an insolvent group of companies. Issues that have arisen include liability for premiums when the insured’s judicial managers have disclaimed the insurance contracts and liability to make payment for crew wages and repatriation.
The bank in the case of Orient Centre Investments Ltd and another v Société Générale [2007] 3 SLR(R) 566 in which the Court of Appeal struck out a claim against the bank based on non-reliance clauses in standard banking terms and conditions.
An investor seeking an injunction restraining the convening of the Annual General Meeting of a Singapore-listed company due to contraventions of the Securities & Futures Act in the case of Goldilocks Investment Co Ltd v Noble Group Ltd [2018] 5 SLR 425. The High Court also considered the character of the Securities & Futures Act as a forum mandatory statute.
The plaintiff animal welfare group in the Court of Appeal in the landmark case of Animal Concerns Research & Education Society v ANA Contractor & Anor [2011] 2 SLR 146. The Court of Appeal reviewed the law of negligence in construction disputes in which there are concurrent contractual duties.
Liquidators in another landmark case involving breaches of directors’ fiduciary duties and undue preferences given by an insolvent company to associated companies prior to liquidation in the case of Living the Link (Pte) Ltd (in creditors’ voluntary liquidation) and others v Tan Lay Tin Tina & Others [2016] 3 SLR 621.
Bondholders holding in excess of US$50 million of debt in the landmark decision of the High Court in the case of Pacific Andes Resources Development Limited and other Matters [2016] SGHC 210 involving the jurisdiction of the High Court to grant moratoria in aid of schemes of arrangement under section 210 (10) of the Companies Act when foreign companies are involved and when a blocking majority claims to oppose any scheme.
A party to arbitration in an important decision on the applicability of an arbitration agreement in a shareholders’ agreement to a dispute framed as being as under a company’s articles of association, but which could have been brought under the shareholders’ agreement as well in the case of BTY v BUA and other matters [2018] SGHC 213. The Court decided that the arbitration agreement did not apply, but granted leave to appeal to the Court of Appeal.
Trustees in an important High Court decision on the role of Notes Trustees when the Note Issuer becomes insolvent, and on the manner in which the Notes Trustees’ votes should be counted in creditors’ and Scheme meetings under sections 227M, N and X of the Companies Act in the case of Re Swiber Holdings Ltd [2018] SGHC 211.
National government in relation to a claim involving fishing rights in the Indian Ocean in the case of Ministry of Rural Development, Fishery, Craft Industry and Environment of the Union of the Comoros v Chan Leng Leng and another [2013] SLR 214.
The plaintiff in a defamation suit arising out of an announcement made in respect of a publicly listed company on the Singapore Exchange in the case of Hady Hartanto v Yee Kit Hong and others [2014] 2 SLR 1127.
A bank employee in relation to a LIBOR rate fixing scandal.
The bank customer against the bank in relation to foreign currency loans and their conversion.
A company against a former officer in a claim for breaches of fiduciary duties and duties of good faith and fidelity in a matter involving companies in Singapore and Indonesia in the case of Baldor Electric (Asia) Pte Ltd v Liew Chin Choy and others [2010] SGHC 32.
The plaintiff, and obtained injunctive relief against the defendant and sanctions against the defendant for contempt of court in the case of Arubugam Suppiah v Curt Evert Borgensten [2001] SGHC 199, a major multi-jurisdictional shareholders’ dispute involving Court and international arbitral proceedings.
The plaintiff bank in a guarantee claim involving principal borrowers in Malaysia in the case of Bayersiche Landesbank Girozentrale v Teh Li Li [2000] 3 SLR(R) 345.
The plaintiff in arbitral proceedings and in concurrent court proceedings seeking security for costs as ancillary relief under s 388 of the Companies Act in the case of Bilia AB v TE Pte Ltd and Others [1999] SGHC 96. The case applies the test for corporate insolvency to applications for security for costs.
The defendant in an application to stay proceedings in Singapore on the basis of forum non conveniens in the case of Transniko Pte Ltd v Communication Technology Sdn Bhd [1995] 3 SLR(R) 941. The Court considered the scope of the duty of full and frank disclosure in applications for leave to serve originating processes outside the jurisdiction.
16 brokers in a substantial employment dispute involving two multinational brokerage firms in a case involving an injunction in enforcement of a restraint of trade clause.
Swissco Holdings Limited in an application for the appointment of Judicial Managers in view of corporate debt of more than US$200 million.
An SIAC arbitration valued in excess of US$30 million in respect of the sale of palm oil plantations in Indonesia.
An SIAC arbitration for a national government against insurers in a matter involving a national insurance scheme.
The liquidators in the liquidation of SPH Mediaworks Ltd, a major Singapore broadcaster, in 2005.
The liquidation of the RGM group, a large group of media companies with interests in Singapore and Australia.
The successful defendant in the case of Lim Kok Lian (executor and trustee of the estate of Lee Biau Lian, deceased) v Lee Patricia (executor and trustee of the estate of Lee Biau Lian, deceased) [2015] 1 SLR 1184, in which the High Court struck out a claim for the tort of malicious prosecution of civil proceedings as disclosing no reasonable cause of action.. The case was the first in Singapore to decide on the tort of malicious prosecution of civil proceedings and its elements.
The applicant in the case of Pathfinder Strategic LP and another v Empire Capital Resources and another appeal [2019] 2 SLR 77, in which the Court of Appeal considered whether third party releases could be granted to principal debtors in a scheme put forward by a guarantor. The scheme in question involved the restructuring of US$1 billion in debt obligations issued by the Indonesian Berau coal group.
The bank against a claim for in excess of US$15 million arising out of losses suffered in investments in equity accumulator transactions (First Asia Capital Investments Ltd v Société Générale Bank & Trust and another [2017] SGHC 78).
An investor in the case of Re Griffin Securities Corp [1999] 1 SLR(R) 219, a landmark decision on the jurisdiction of the Singapore Courts to wind up a foreign company without a place of business in Singapore.
The bank in the case of NM Rothschild & Sons (S) Pte Ltd v Plaza Rakyat Sdn Bhd [1995] 2 SLR(R) 565, an important decision on forum non conveniens, in which the High Court considered the issue of service in Singapore on a foreign party and the application of Order 11 of the Rules of Court to such cases.
Acted as counsel for the Singapore Democratic Party in the constitutional case of The Online Citizen Pte Ltd v Attorney-General and another appeal and other matters [2021] 2 SLR 1358

Compétences et Secteurs liés

Domaines de compétences

Publications et Interventions

Distinctions

“Suresh Nair, his (and the team’s) creativity and willingness to ‘go the last mile’ for the client is unparalleled in Singapore. Where other Singapore lawyers are ponderous and conservative, Suresh is a creative and highly agile lawyer. He and his team are problem solvers and are dedicated to their clients.” – IFLR1000
“Phenomenal legal ability.” – IFLR1000
“Accessible and responds promptly.” – Asialaw
“He is among the best insolvency practitioners in Singapore. An exceptional advocate, he is razor-sharp and precise, and provides timely and practical advice in the most personable way possible.” – Asialaw

“Positive, proactive, and very competent.” – Asialaw
“Suresh knows how banks work and has a strong client focus.” – Asialaw
“He is one of the leading banking litigation lawyers in Singapore.” – Asialaw
“Very strong knowledge and guidance on employment matters and very good people skills.” – Asialaw
A “Local Disputes Star” – Benchmark Asia Pacific
“Among the best insolvency practitioners in Singapore.” – Benchmark Asia Pacific

Formation

National University of Singapore, Bachelor of Laws
Hons

Inscription au Barreau

Singapore
England and Wales

Courts

Advocate & Solicitor, Supreme Court of Singapore

Langues

Anglais

Engagement professionnel et communautaire

Advocacy Trainer for Prospective Advocates and Solicitors, Singapore Bar Examination
External Tutor for "Trial Advocacy," National University of Singapore
Fellow of the Insolvency Practitioners Association of Singapore