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More About Ong Lee Woei

Bar Admissions

Singapore (1995)  |   United Kingdom (1993)

Lee Woei is Co-Head of the Litigation and Dispute Resolution Practice at Farallon Law Corporation.

Lee Woei practises in general commercial chancery litigation and arbitration.  He covers the full range of work done, spanning cross border arbitrations, modern commercial and general chancery practice, company law and general contractual matters.

He has particular interests in cross border arbitrations and also property-related work and trusts disputes which involve equitable aspects (contractual and/or tortious duties, agency, fiduciary duties, illegality, restitution, undue influence and unjust enrichment) but his practice equally encompasses shareholders, company and partnership disputes, problems involving trusts and civil fraud, and banking and professional negligence claims. Many of Lee Woei’s cases, both in arbitration and litigation matters, usually have a transnational element involving jurisdictional and conflict of law issues, together with the full range of interim measures repertoire in which he well used to dealing with.

Further details of specific work experience can be obtained by contacting Lee Woei’s Legal Secretary.

Practice Areas

Experience

Commercial / General Chancery

  • Acted for multinational accounting and audit company firm (“audit company”) which was sued in the Singapore High Court in respect of certain reports and confirmations contained in the financial statements in the Offering Memoranda pursuant to which bonds in the amount of US$500 million (the “Proposed Bonds”) were intended to be listed by the Brazilian company on the Singapore Exchange Securities Trading Limited (“SGX-ST”).  Issues relating to the discharge of  fiduciary duties, Securities and Futures Act (Cap 289) (“SFA”) and Listing Manual of the SGX-ST were involved. Concurrent Court proceedings and arbitration proceedings were commenced in Brazil and multiple jurisdictions in the EU.  Succeeded in setting aside the Order 11 service process in Brazil, arguing that Singapore was fundamentally not the forum conveniens for the dispute; issues of forum mandatory rules under the SFA, aspects of Brazilian procedural law, conflict of laws issues and forum non conveniens were considered. Also prevailed in all the appeals made by the counterparties to the Singapore High Court and Singapore Court of Appeal on these various issues.
  • Successfully representing client in Tan Chin Hoon & Ors v Tan Choo Suan & Ors [2016]1 SLR 1160; Tan Yok Koon v Tan Choo Suan [2017] 1 SLR 654 and others – Multiple suits valued above S$400 million involving issues in relation to the breaches of fiduciary duties, SGX listing rules, Security Industry Council waivers, assets tracing and contentious probate and administration matters.
  • Successfully representing various beneficiaries in a multi-million dollar claim against the estate and surviving account holders held in various joint bank accounts. The case involved issues on the operation of various types of accounts, right of survivorship, mental capacity in particular to the medical evidence relating to Vascular Dementia/ Alzheimer Dementia, resulting trust and presumption of advancement.  The Singapore Court of Appeal in Low Gim Siah and Others v Low Geok Khim and Another [2007] 1 SLR 795 held that the presumption of advancement in a parent-child relationship is still applicable in modern times vis-à-vis the application of a resulting trust since its inception in Victorian times.  The decision in the Singapore High Court was reported in [2006] 2 SLR 444.
  • Acted for a party involved in the Voluntary Conditional General Cash Offer of shares in a public listed company on the SGX, Securities Industries Council Inquiry, breaches of the Securities and Futures Act, advising on the relevant provisions of the Singapore Code on Take-overs and Mergers. The case was reported as Oversea-Chinese Banking Corp Ltd v Asia Pacific Links Ltd [2011] 1 SLR 906.
  • Successfully represented parties in the Singapore High Court and Court of Appeal relating to the disputes over surplus proceeds of sale of properties realised pursuant to a mortgagee sale. The case involved issues of resulting/remedial constructive trusts, unconscionable conduct, forensic accounting and whether statutes of limitation apply to resulting/constructive trusts. The case was reported as Lee Kim Kiat v Lee Biow Neo & anor [2008] 2 SLR 174.
  • FCPA Issues. Successfully representing a director and shareholder of a Singapore subsidiary of a Fortune 500 company who was faced with claims of misappropriations, breaches of fiduciary duties and issues of bribes in litigation in the Singapore High Court. The matter involved legal proceedings in another jurisdiction, including litigation proceedings in Missouri USA brought before the Missouri District Court for breaches of contract and misrepresentation. The USA company involved is Fortune 100 company. The company is a wholly owned subsidiary of a Fortune 500 company.
  • Successfully representing a Singapore party against proceedings brought in the Singapore High Court and Court of Appeal to have proceedings in the US courts restrained in favour of proceedings in the Singapore High Court on the grounds of forum non conveniens. The issues related to valuations of assets/stock options and buyout under a stock option agreement.  The case is reported as [1998] SGHC 352.
  • Acted for a substantial shareholder in Singapore company listed on the Singapore Stock Exchange in interpleader proceedings in the Singapore High Court. The case involved a dispute on the transfer of the ownership of the share and the voting rights which accrued in them when the consideration had not paid. The case also involved the beneficial ownership of the shares held by a company incorporated in the British Virgin Islands and proceedings in the Hong Kong High Court.
  • Acting for an Indonesian party in UK court proceedings relating to a commodity contract between companies listed in the London Stock Exchange. The issues involved competing public policies: the public policy of finality in litigation and public policy of unenforceability of illegal contracts.  This case also involved protracted execution/ enforcement proceedings in multiple jurisdictions such as Holland, Indonesia, Nigeria Singapore and US.  The background to the case of how it originated can be found in D. & F Man Ltd (Sugar) v Yani Haryanto (No. 2) [1991]1 Lloyds Rep 429.
  • Successfully acting for a Singapore company in respect of an action commenced by the Sentosa Development Corporation, a quasi-statutory board, in the Singapore High Court for relief against forfeiture of a 30 years lease.

Arbitration

  • Successfully acted for a Singapore incorporated company involved in an investor state arbitration under the United Nation’s UNCITRAL Arbitration Rules in relation to investment agreements made with a country state in South Asia. The issues related to the breaches of various contracts (from a transition of a Build-Operate-Transfer to a Build-Operate-Own regime) in respect of preferential treatment by the State to an incoming competitor, level playing field provisions, statutory bodies, agents and instrumentalities of state, various assurances and misrepresentation, unfair competition and dumping of commodities. The lex fori applied was a foreign law. Successfully obtained substantial interim awards with further damages to be assessed against the State.
  • Acted for a leading multinational telecommunication company which was involved in an SIAC arbitration over intellectual property disputes over the grant and payment of 2G/3G and 4G licences worldwide under FRAND terms. FRAND is the acronym for fair, reasonable and non-discriminatory and is the industry standard on which licensing patents for 2G/3G and 4G worldwide were granted. The disputes relate to the exclusive rights conferred by patents on inventors to standard development organizations (SDOs) under defined intellectual property rights (IPR) policies whereby SDO members must commit to licensing their standard-essential patents (SEPs) on Fair for the wider and deeper interconnectivity in view of the Internet of Things (IoT).  Various novel aspects of EU, French, PRC, UK laws were engaged and a quantitative analysis was conducted by an actuarial scientist on the quantification of the damages recoverable. The matter concluded in a successful settlement for the client.
  • Acted for a multinational company which is the leading manufacturer of commercial vehicles and one of the largest automakers in Asia and its wholly owned subsidiary company, in an international SIAC arbitration involving the fabrication and assembly of commercial vehicles in a South East Asian country for sale in countries in Oceania which involves the complex issues of the interpretation and construction of the underlying agreements made between the parties in relation to fabrication and assembly of the vehicles, fiscal and tax exemptions arising from the operation industrial free trade zone in the South East Asian country and potential civil and criminal proceedings arising from the disputes.
  • Advising a multinational renewal energy company (“NewGen Co”) in an SIAC arbitration under the Belt and Road Initiative (“BRI”) in a South East Asian country relating to infrastructure development sector in its renewal energy sector. The contracts entered into with the foreign State Owned Enterprise (“SOE”) involved the construction of the solar power plants over forest land and for the supply of electricity to its national grid owned by State.  All parties to the dispute are contractually bound by a Project Coordination Agreement (“PCA”) which included ancillary agreements in which the NewGen Co under an Offshore Agreement was to supply such equipment, materials and spare parts for the purposes of construction and installation of the generating facility of the 50MW AC photovoltaic project and an Onshore Agreement.

Memberships

  • Professional Indemnity Committee Member, Law Society of Singapore
  • Member, Singapore Academy of Law

What Our Clients Say

“I am an attorney based in New York specializing in International Law and Commercial Law. Recently, I had retained the services of Nicolas Tang of Farallon Law in a United States court action involving a party residing in Singapore. Mr. Tang and his firm flawlessly handled the proceedings. His team was extremely efficient in the action and knowledgeable in seeing the matter through to a successful outcome. Our U.S. client is forever indebted to them, as I am, for their professionalism, kindness, and, of course, result. My colleagues and I will only retain Mr. Tang’s firm should the need for local Singapore counsel arise again in the future.”

Allen M. Lowy Attorney at Law

“We definitely recommend Mr Nicolas Tang for his professionalism, approachability and immense dedication to his work and his clients.

Mr Nicolas has guided us well through complicated legal principles and deliberates carefully every move’s outcome possibilities and probabilities before any is taken. He sees the big picture and strategises the path forward and involves us in the thought process throughout.

Mr Nicolas also gives full consideration of our thoughts and feelings which were greatly appreciated during this onerous process.

Talk to him and you too will not regret!”

Richard Koh

“We would like to thank you and your team for helping us on this matter.

I think we are very happy with the outcome.”

Mr Tan

“I am an attorney based in New York specializing in International Law and Commercial Law. Recently, I had retained the services of Nicolas Tang of Farallon Law in a United States court action involving a party residing in Singapore. Mr. Tang and his firm flawlessly handled the proceedings. His team was extremely efficient in the action and knowledgeable in seeing the matter through to a successful outcome. Our U.S. client is forever indebted to them, as I am, for their professionalism, kindness, and, of course, result. My colleagues and I will only retain Mr. Tang’s firm should the need for local Singapore counsel arise again in the future.”

Allen M. Lowy Attorney at Law

“We definitely recommend Mr Nicolas Tang for his professionalism, approachability and immense dedication to his work and his clients.

Mr Nicolas has guided us well through complicated legal principles and deliberates carefully every move’s outcome possibilities and probabilities before any is taken. He sees the big picture and strategises the path forward and involves us in the thought process throughout.

Mr Nicolas also gives full consideration of our thoughts and feelings which were greatly appreciated during this onerous process.

Talk to him and you too will not regret!”

Richard Koh

“We would like to thank you and your team for helping us on this matter.

I think we are very happy with the outcome.”

Mr Tan

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