Ince
incegd.com Europe & Middle East & Asia
Singapore / 2020
Singapore / 2020
Ince
Singapore / 2020
As a member of the Ince Group, Incisive Law LLC offers the full spectrum of legal services to local and multinational corporations across multiple sectors including shipping, trade and commodities, energy and infrastructure, financial services, aviation, technology, media and telecommunications and many others.
Incisive Law LLC is a Singapore Law Practice, qualified to provide expert advice on Singapore law and other laws including English law.
Ince has more than 150 years of experience of advising clients and has been present in Singapore for more than 25 years. We are able to call upon this experience with our lawyers being well placed to advise and assist both local Singapore companies, multinationals and financial institutions who use Singapore as the hub for their global operations. Our core specialist areas include: • • • • • • • • • • • • • •
Corporate and commercial Competition Compliance and regulatory Dispute resolution Employment Energy, infrastructure, and natural resources Finance Insurance Aviation International trade and commodities Maritime Restructuring and insolvency Wills and private client Business start-ups
We represent clients in the Singapore Courts as well as in domestic and international arbitrations and our transactional practice covers major projects in Southeast Asia and beyond.
multiple nationalities countries
offices
different language capabilities
employees worldwide, including support staff
legal and business services professionals
01
Ince
Singapore / 2020
Corporate and commercial Our corporate and commercial practice advises on all aspects of company law including directors’ duties share issues and capital reduction exercises, M&A and foreign direct investment into Southeast Asia and China including establishment of various foreign investment vehicles and R&D facilities, private equity, venture capital, regulatory compliance, corporate governance, general investment and transaction-based advice. Leveraging off our strong network of international offices, we also provide local and international legal services to assist businesses with their outbound investment in Middle-East, Europe and Africa. Our team members also have in-depth knowledge and experience in a number of sectors including shipping, aviation, financial services, energy and infrastructure and insurance.
Compliance and regulatory In recent years, the extensive changes in various areas of compliance regulation, such as corporate governance, anticorruption, anti-money laundering, data protection and financial services regulation have created new challenges for all involved in these areas. We are able to advise the full range of affected clients on the practical steps required to make sure they are compliant with all relevant issues, including items such as the personal Data Protection Act (DPA), anti-money laundering legislation and other compliance requirements, as well as general anticorruption and corporate governance rules and guidance. Our lawyers advise on risk and compliance matters arising from any local laws and regulations that rely on sanctions or penalties to regulate the operations of an organisation or an individual.
Competition We have extensive experience advising on competition matters, including cartel enforcement, abuse of dominance, merger control, competition audit and compliance across industries such as aviation, airlines and airports, petroleum, pharmaceuticals, financial services, telecom, automobiles, glass, FMCG and many others. We also provide advice to various multi-national and local companies in setting up competition law compliance and audit structures in a wide range of industries.
Dispute resolution International Arbitration Our highly regarded arbitration team offers clients a worldwide network of multinational and multilingual lawyers experienced in cross-border disputes prosecuted by arbitration, and/or resolved by other forms of ADR such as mediation and expert determinations. Our team members are multi-qualified in several jurisdictions worldwide such as Singapore, UK, New York, Hong Kong, Marshall Islands and India. We are well versed in handling arbitrations governed by ICC, ICA, SIAC, LCIA, UNCITRAL, HKIAC, AIAC, BANI, CMAC, LMAA, GAFTA, FOSFA, SCMA and RSA rules as well as ad-hoc arbitrations. We regularly conduct international and domestic arbitrations in our core sectors such as Shipping, Offshore and Logistics, Energy, International Trade and Investment and Insurance as well as manage disputes relating to joint venture agreements, shareholder and business disputes, regulatory matters, fraud, investigation work, insolvency and recoveries and employment.
Litigation We represent various clients across the globe. Our litigators have extensive experience in acting and advocating for clients in the Singapore Courts including at all appellate levels. We are experienced in handling sensitive and large value matters. Our litigators regularly apply for interim measures such as injunctions, freezing orders and arrest of assets.
02
Ince
Singapore / 2020
Employment
Aviation
We offer common-sense advice to large and medium-sized employers. We also specialise in supporting senior employees, such as executives and directors, with workplace challenges and job transitions.
We are able to advise on aviation-related matters across the full range of corporate, financing, commercial and regulatory matters and aviation claims, including: •
We advise on: • • • • • • • • • •
Disciplinary issues and grievance procedures Conduct and capability issues Discrimination and equal pay Employment contracts and service agreements Unfair dismissal Redundancy and reorganisation Transfer of undertakings Employment rights Settlement agreements Immigration
Energy and infrastructure Our lawyers are dedicated sector specialists and have advised on numerous greenfield and merger projects in Asia in respect of energy, mining, renewables and natural resources for many reputable international PE companies, and private enterprises. Our energy practice covers financing, project structuring, development and operation, maritime infrastructure, upstream, midstream and downstream oil and gas (including LNG and shipping), power generation, transmission, distribution, trading and supply, M&A, joint ventures and dispute resolution.
Finance We provide a quality service to meet the needs of funders, lenders and borrowers in all types of financing transactions including advice on cross-border assets, ship finance, syndicated bank lending, trade finance, recapitalisation, restructuring, and structured finance. Our ship finance team in particular advises on all aspects surrounding the purchase and finance of vessels including, but not limited to: financing, leasing, industry regulation, dispute resolution and commercial arrangements relating to all cases of vessels.
• •
Aviation liabilities and dispute resolution whether arbitration, mediation or litigation and including insurance and reinsurance liability and subrogation work as well as coverage; Aviation finance and leasing, including fleet acquisition and renewal of airframes and engines; and Aviation regulatory and commercial law.
Our international group also provides advice on airline startups and commercial operations, international air transport regulation (economic regulation of airports, aviation specific contractual and commercial issues, the acquisition of large commercial aircraft and business jets, and aircraft and engine procurement and financing.
Trade and commodities Our trade and commodities group operates in each sector of the commodities markets which includes oil and gas (including LNG), grains and other soft commodities, metals, coal, power and derivatives and we provide transactional and contentious advice on all aspects of international trade, including production, financing, trading, storage, transportation, insurance and end use. We also offer advice on national and international regulations governing trade policies and potential remedies, economic sanctions, antiboycott, export controls and customs laws, foreign direct investment and disputes.
Maritime In shipping, our firm has extensive experience of both ‘wet’ (admiralty) matters including collisions, groundings, salvage and towage matters as well as pollution issues. We advise on ‘dry’ contractual disputes under charter parties, contracts of affreightment and bills of lading involving all kinds of matters such as bunker fuel engine damage claims, unsafe port, offhire, demurrage matters, termination and repudiation issues as well as general cargo claims. We advise shipyards, contractors and operators on design/build disputes, newbuilding contracts, operational start-up issues and the entire spectrum of upstream contracts. We provide advice on all aspects of LNG production and shipping and hold a high profile in marine insurance and reinsurance, sale and purchase of second-hand tonnage and cross-border ship finance. Our maritime group has also garnered recommendations from various legal and trade publications. 03
Wills and private client We provide advice on all aspects of wealth protection and inheritance planning for individuals and their families. We have particular experience in dealing with: • • • •
Insurance We offer a full range of contentious and non-contentious legal services sought by the insurance and reinsurance industries and by those who purchase insurance products. Our client base encompasses reinsurers, brokers and their many varied principals, captives and a wide range of specialist insurance service providers. Our lawyers handle issues arising in all non-life classes of insurance, with several of them specialising in the more complex challenges posed by marine, non-marine, energy, political & credit risk and liability risks, as well as reinsurance. Our insurance expertise is not limited to contentious matters; our corporate and regulatory group offers a full service to insurers, reinsurers and intermediaries worldwide.
Restructuring and insolvency
Drafting or updating a Will Probate and administration of estates Trust planning Wills and inheritance disputes
We also understand that it may be difficult for clients to get to our office and so we are happy to bring our private client team’s specialist knowledge and expertise to you in the comfort of your own home.
Powers of Attorney We are also able to advise and assist with all types of Powers of Attorney to suit your individual circumstances and ensure that whatever happens in the future, those important decisions can be made with the least amount of fuss. We are able to assist with the preparation and, if need be, the registration of: • • •
Simple Powers of Attorney Enduring Powers of Attorney Lasting Powers of Attorney
Once your Power of Attorney is signed and made legal and effective, we offer a free storage facility to ensure your document’s safekeeping.
Our restructuring and insolvency team deals with the whole range of issues that may arise when the threat of insolvency occurs. We can provide advice and assistance with issues which arise outside of or prior to formal procedures including the full range of corporate and debt restructuring options. We can also assist in providing guidance as to potential sources of new funding and by liaising with existing lenders and other stakeholders.
Business start-ups
We assist with issues facing directors of companies which are in financial difficulties such as personal guarantees, wrongful trading misfeasance/breach of duty, disqualification proceedings and antecedent transactions such as preference claims transactions at an undervalue illegal dividends and unlawful director loans.
•
We regularly act for both office holders (i.e. liquidators or administrators) and individuals or companies facing claims being brought by the office holders.
We help existing businesses with the setup of new corporate structures and entrepreneurs and partnerships to get the most out of their business ventures which includes: •
• •
• •
Advising clients on the best legal structure for their business; Experience dealing with professional advisers including lawyers from different jurisdictions accountants surveyors architects and others; Knowing what legal structures are right for clients in terms of suitability flexibility and longevity; Setting up private companies, not for profit companies, companies limited by guarantee charitable companies, limited liability partnerships and limited partnerships; The transition from one structure to another for example from partnership to LLP company; and Understanding and advising on how to protect your personal assets and family wealth. 04
Ince
China group
Singapore / 2020
India Group Led by Piyush Gupta (Head of Aviation & Competition), our India group coordinates the delivery of legal services in a multidisciplinary approach, involving experienced lawyers from all practices of the firm who understand and appreciate the rigours of conducting business in India. The group covers a range of legal services including competition law advice, major projects, banking and finance, corporate and M&A, disputes resolution, transport and trade. We work closely in conjunction with several of India’s major law firms to serve specific client needs. The India Group also provides legal services, taking into consideration India as a hub for Bangladesh, Nepal, Sri Lanka and Pakistan.
Led by our Joint Managing Director, Loh Wai Yue, our China practice group in Singapore consists of lawyers who have knowledge servicing Chinese enterprises in China as well as those Chinese enterprises that operate outside of China. The key strength of the China Group is its extensive experience and deep knowledge of the legal and business environment in China and its ability to offer a team of lawyers who are fluent in English, Mandarin and local dialects. Wai Yue concurrently serves as Chief Representative of Ince Beijing and has over a decade’s experience servicing Chinese clients in the shipping, commodities and insurance sectors.
Emergency response Ince runs a dedicated international emergency response hotline, manned 24 hours a day, 365 days a year. All our offices are connected so as to provide immediate legal and practical advice in crisis situations. The right team can be assembled fast, anywhere and at any time, to respond to all manner of disasters with particular emphasis on aviation, energy, pollution and shipping incidents.
International emergency response 24 hour number + 44 (0) 20 7283 6999
Korea group Recommended Firm for Shipping (Singapore, Domestic Firms) - Chambers Asia, Chambers Global, 2020
Leading Firm for Shipping (Singapore, Local Firms) - Legal 500, Asia Pacific 2017-2018 Led by Sung-Hwan Choi, our Korea practice in Singapore provides practical and innovative legal advice for Korean companies with business interests/operations worldwide and global companies who have an interest in investing or operating in Korea. Our team has strong experience in advising on many cross- border dispute resolution and transactional matters for many Korean conglomerates and corporations, as well as many multinational companies operating in Korea.
Winner of Ship Finance Award - 10th Seatrade Maritime Awards Asia, 2017
05
Ince
Singapore / 2020
Our team For further information please contact:
Singapore
Bill Ricquier
Loh Wai Yue
Harry Hirst
Joint Managing Director, Singapore T: +65 6505 0162 billricquier@incegd.com
Joint Managing Director, Singapore Head of China Practice, Singapore Senior Accredited Specialist (Maritime & Shipping Law), SAL Chief Representative, Ince Beijing T: +65 8498 0632 waiyueloh@incegd.com
Consultant / Master Mariner, Singapore T: +65 6305 9080 harryhirst@incegd.com
Sung-Hwan Choi
Piyush Gupta
Kim Seah
Director, Singapore Head of Korea Practice, Singapore T: +65 6505 3447 sunghwanchoi@incegd.com
Head of Aviation & Competition, Singapore T: +65 6505 3422 piyushgupta@incegd.com
Consultant, Singapore T: +65 6505 3429 kimseah@incegd.com
Boaz Chan
Wole Olufunwa
Kimarie Cheang
Mohammad Haireez
Director, Singapore T: +65 6505 0165 boazchan@incegd.com
Director, Singapore T: +65 6505 3456 (SG) / +65 9365 8727 (UK) woleolufunwa@incegd.com
Director, Singapore Partner, Hong Kong T: +65 6505 3441 kimariecheang@incegd.com
Director, Singapore Accredited Specialist (Maritime & Shipping Law), SAL T: +65 6305 9076 mohammadhaireez@incegd.com
06
Ince
Singapore / 2020
Singapore / 2020
Disclaimer Notice: The contents of this document and any attachments are strictly confidential to the intended recipient(s) and may be privileged. If you are not the intended recipient(s) please do not use or publish its contents and notify us as soon as possible. If received by email, please also delete the message from your system and destroy any copies. Office Information: Ince Gordon Dadds LLP and its affiliated entities practise law internationally as ‘Ince’ (the “affiliates”). References in this brochure and elsewhere to Ince means Ince Gordon Dadds LLP, its subsidiaries, the Affiliates, and the other partnerships and other entities or practices authorised to use the name ‘Ince’ or describe themselves as being in association with Ince as the context may require. United Kingdom, Beijing and Shanghai Ince is a trading name of Ince Gordon Dadds LLP. Ince Gordon Dadds LLP is a limited liability partnership registered in England & Wales (registered number: OC383616) authorised and regulated by the Solicitors Regulation Authority (SRA number: 596729). A list of members of the LLP, and of those non-members designated as partners, is displayed at our registered office: Aldgate Tower, 2 Leman Street, London, E1 8QN. The term ‘partner’ used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm of equivalent standing. Ince Gordon Dadds LLP is a subsidiary of The Ince Group plc. Germany Ince & Co Germany LLP is a limited liability partnership registered in England and Wales (with registered number OC362945). It operates an office in Hamburg. Our registered office is at Aldgate Tower, 2 Leman Street, London E1 8QN, UK. A full list of members is available for inspection at its registered office in London. Piraeus Ince is a trading name of Herring Parry Khan Law Office. Regulated by the Piraeus Bar. Cyprus G. Zambartas LLC is a member of the Ince International network of law, consultancy and advisory firms. It is licensed to use the trade mark ‘Ince’ by Ince Gordon Dadds International LLP. G. Zambartas LLC is a Cyprus private company limited by shares with company number H.E. 412500, and is registered as a lawyers’ limited company with the Cyprus Bar Association under registration number 854. Gibraltar Ince is a trading name of Rampart Corporate Advisors Limited. Company registration No. 107531. Registered Office: 6.20 World Trade Center, 6, Bayside Road, Gibraltar GX11 1AA / PO Box 1324 / T +350 20068450 / F +350 20068453. Rampart Corporate Advisors is a subsidiary of The Ince Group plc. Dubai Ince is a trading name of Ince & Co Middle East LLP, a limited liability partnership registered in England and Wales (with registered number OC361857) authorised and regulated by the Solicitors Regulation Authority (SRA number: 563759). A list of members is available for inspection at the above address and at our registered office, Aldgate Tower, 2 Leman Street, London E1 8QN, UK. The term ‘partner’ used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm of equivalent standing. Hong Kong Ince is a trading name of Ince & Co, a firm of solicitors regulated by the Law Society of Hong Kong. Singapore Incisive Law LLC is a member of the Ince Group and is a limited liability company incorporated in Singapore with Unique Entity Number 201015337C. Incisive Law LLC is regulated by the Legal Services Regulatory Authority (under the auspices of the Ministry of Law) pursuant to the terms of the Legal Profession (Law Practice Entities) Rules 2015, made under the Legal Profession Act (Cap.161). 24 Hour international emergency response tel: + 44 (0)20 7283 6999 LEGAL ADVICE TO BUSINESSES GLOBALLY FOR 150 YEARS. ©Ince
incegd.com Europe & Middle East & Asia