Rethinking Korea Asset Management – Is It Time for a Revisit? [Brought to you by RBN Chambers]

BY Ramesh Bharani Nagaratnam, Wong Teck MIng |

In the seminal case of Korea Asset Management v Daewoo Singapore Pte Ltd (in liquidation) [2004] 1 SLR(R) 671 (“Korea Asset Management”), the Honourable Judicial Commissioner V K Rajah (as he then was) (“JC Rajah”) laid down a non-exhaustive list of factors to be considered in an application under Sections 299(2) or 262(3) of the Companies Act (Cap. 50 1994 Rev Ed) (“CA”) (pari materia to Sections 170(2) and 133(1) of the Insolvency, Restructuring and Dissolution Act 2018 (No. 40 of 2018) (“IRDA”)) for leave to commence or continue an action or proceedings against a company in liquidation. In such applications, decisions at various levels of the Singapore courts have cited and employed the factors in Korea Asset Management with a seemingly common reluctance to broaden or revise the factors. Following the recent developments in Australia, has the time come for our Singapore courts to revisit this position?

Why Third-Party Funding Should Be Given a Second Glance in Arbitrations: A Post-Pandemic Option for Arbitration Financing in Singapore [Brought to you by RBN Chambers]

BY Ramesh Bharani Nagaratnam, Sharon G Andres |

Third Party Funding (“TPF”) is not an unfamiliar practice in international commercial arbitration.  It is a mode available to parties to an arbitration to seek financial support from parties who are not (the “Third Party Funders or TP Funders”) to commence and continue an arbitration to its conclusion. In providing financial support, the TP Funders assume the risks of their ‘investment’; if the arbitration claim is successful, the TP Funders would receive an agreed pay out, usually a percentage of the arbitration award, otherwise, the TP Funders assumes the risk of nil returns if the claim fails.

ALB Conversations: Manjaree Chowdhary, executive director and general counsel, Maruti Suzuki India

BY Aparna Sai |

Chowdhary talks to ALB about why increased focus on corporate culture is critical in delivering long- term business success, how the ‘tone at the top’ embeds and operationalises the company’s culture, and the key initiatives that she has endeavoured to drive in her role.

ALB Conversations: Puneet Bansal, managing partner, Nitya Tax Associates

BY Aparna Sai |

Puneet Bansal, managing partner of Nitya Tax Associates talks about the firm’s strategy which revolves around knowledge, the need for a firm’s culture to be based on integrity and his motto of integrity and ethics being paramount for success.

ALB Conversations: Andrew Powner, managing partner, Haldanes

BY Aparna Sai |

Andrew Powner, managing partner of Hong Kong law firm Haldanes, talks about a how a football team influenced his decision to join the firm, why his management style might be like the United Nations, and the prescience of his grandmother’s words.

ALB Conversations: Hooi Bien Chuah, head of legal, Lazada Malaysia

BY Aparna Sai |

Hooi Bien Chuah talks to ALB about how the legal team supported Lazada Malaysia’s launch of new initiatives in the e-commerce market, and why working for causes greater than oneself can make work “super meaningful and motivating.”

ALB Conversations: Sabrina Lin, Charoen Pokphand Group

BY Aparna Sai |

Sabrina Lin is the deputy chief legal officer for overseas businesses and head of legal for overseas investment arm at Charoen Pokphand Group. In this chat, she shares with ALB about how U.S.-China tensions and COVID-19 are adding extra elements of complexity to her work, why she looks for people with a “personal touch” when it comes to hiring, and what her average day looks like.

ALB Conversations: Putu Dewika Angganingrum, head of legal and compliance, PT Danareksa (Persero)

BY Aparna Sai |

Putu Dewika Angganingrum, the head of legal and compliance at Indonesian investment bank PT Danareksa, talks how external counsel have to provide true value beyond just Google searches, the need to meet business goals while sticking to goal corporate governance principles, the need for women to develop thick skin to survive in the industry.

ALB Conversations: Heidi Hui, chief counsel for Asia, Refinitiv

BY Aparna Sai |

Heidi Hui, chief counsel for Asia at Refinitiv, shares how her legal team has adapted to the challenges posed by the pandemic, why legal departments must be not only reactive but also proactive when it comes to supporting internal clients, and the critical factor to ensure technology is truly impactful.

ALB Conversations: Jasmeet Wadehra, head legal, India and South Asia, Visa

BY Aparna Sai |

Jasmeet Wadehra, head of legal for India and South Asia at Visa, talks about why it is important for leaders to de-clutter employees’ lives, how law firms are being flexible in their engagement to support client needs, and why change management and technology adoption should go hand in hand.

ALB Conversations: Pavithra Anand, head of corporate legal, Decathlon Sports India

BY Aparna Sai |

Pavithra Anand, head of corporate legal at Decathlon Sports India, talks about why managing people is always a learning curve, how comfort leads to confidence, and the need for legal professionals to keep it simple.

ALB Conversations: Jeffery Tan, Jardine Cycle & Carriage

BY Aparna Sai |

Jeffery Tan, group general counsel at Jardine Cycle & Carriage, talks to ALB about how lawyers should leverage their networks and connections to be at the forefront of CSR initiatives, how the pandemic is spurring the need for advice beyond the law, and the golden rule he lives by.