Our team of lawyers is made up of experienced practitioners who together bring with them a wealth of technical and practical knowledge in local and cross-border matters.
Henry Heng
Henry Heng read law at the National University of Singapore Faculty of Law and graduated with LL.B. (Hons), 2nd Upper Division. In year 2000, he successfully completed and was awarded the Maritime Law Certificate from the Institute of Maritime Law, University of Southampton (Faculty of Law).
Since the beginning of his legal career, Henry had worked at some of most prestigious law firms in Singapore, namely, Drew & Napier LLC and Rodyk & Davidson. He was also the Head of the Litigation & Dispute Resolution Department at Tan Peng Chin LLC prior to joining Legal Solutions LLC.
Email: henry@legalsolutions.com.sg
Tel: +(65) 6236 0848
Fax: +(65) 6220 0885
Since the beginning of his legal career, Henry had worked at some of most prestigious law firms in Singapore, namely, Drew & Napier LLC and Rodyk & Davidson. He was also the Head of the Litigation & Dispute Resolution Department at Tan Peng Chin LLC prior to joining Legal Solutions LLC.
Email: henry@legalsolutions.com.sg
Tel: +(65) 6236 0848
Fax: +(65) 6220 0885
Areas of Practice
Henry is actively involved in trials and appeals at all levels of the Singapore Courts as well as local and international arbitrations. Henry acts for a broad range of international and local corporations, as well as individuals in disputes involving, inter alia, commercial disputes, commercial fraud and asset recovery, admiralty and shipping law, international sale of goods, banking and trade financing, employment law, company law, shareholders’ rights, tortious claims, construction and property disputes. He has also advised and represented statutory departments and government-linked companies, including the Infocomm Development Authority of Singapore, the Traditional Chinese Medicine Practitioners Board and Sembawang Shipyard Pte Ltd.
Experience
Some of the cases Henry has handled are:
Shipping and Admiralty Law
• Acted for a shipyard in respect of a dispute pertaining to a ship repair claim and a flash fire which occurred on board during the repairs. The vessel was arrested in Malaysia and the application for wrongful arrest and release of the vessel was successfully resisted at first instance and on appeal. Security of about S$1 million for the release of the vessel was successfully obtained. Summary judgment was also successfully obtained and affirmed on appeal by the shipyard against the ship owners.
• Henry was instructed to act for the salvors in a matter concerning the salvage of a vessel and goods that sunk in Indonesian waters. The dispute related to issues on common law salvage, salvors’ reward, negligence and fraud. Court proceedings were commenced in the High Court against the ship owners and cargo owners. An order for sale of the salved cargo was successfully obtained with the proceeds of sale held in escrow. The matter was successfully settled in clients’ favour via mediation at the Singapore Mediation Centre shortly before trial.
• Advised and acted for an Indian listed company in SIAC arbitration, which was successfully settled with parties entering into fresh contracts after prolonged negotiations over a 5 months period. The disputes dealt with a trans-national shipbuilding contract for a 20-30 ton crane pipe laying barge worth in excess of US$45 million.
• Acting for a major corporation in Venezuela in SIAC arbitration pertaining to a charterparty and wrongful termination of contract. The value of the claim asserted by clients is in excess of US$31 million.
• Henry represented a shipyard in respect of a dispute which arose out of the construction of a luxury yacht. It was successfully argued on appeal to the Court of Appeal that unconscionability was a ground to restrain a call on a performance bond or banker’s guarantee. This was one of the leading cases in Singapore which established that unconscionability was a ground to restrain a call on a performance bond or banker’s guarantee, which was reported in [2001] 1 SLR 657.
• Acted for an oil corporation in an international arbitration with multiple claims and counterclaims. The matter involved issues on breach of contract, demurrage, tort of negligence, seaworthiness of vessel and defective cargo.
• Acted for a leading bank in Malaysia with multiple Suits filed in the High Court of Singapore against various ship owners and freight forwarders with summary judgments being successfully obtained. The issues involved included “lawful holder of a bill of lading”, agency, documentary letters of credit and delivery of goods without due presentation of the bills of lading.
• Advising companies listed on the SGX-ST on compliance with regulatory requirements and on compliance with the code of corporate governance.
• Advising financial institutions, fund managers and fund entities on funds formation and applicable Singapore securities regulations, including application for capital markets services licences, financial adviser licences, advising on the scope and types of exemption from the licencing regimes and offering restrictions etc.
Commercial Disputes
• Successfully advised and represented two venture capital companies in SIAC arbitration and obtained an arbitral award exceeding US$18 million against 13 Indonesian entities and individuals. The issues involved include contractual default on bond redemption, bond purchase obligations and other defaults on the various investment agreements.
• Advised and represented a corporation in ICC arbitration pertaining to a multi-million dollar dispute on an agreement to develop and manufacture products bearing certain marks related to Federation Internationale de Football Association (‘FIFA’).
• Successfully advised and represented two venture capital companies in SIAC arbitration and obtained an arbitral award exceeding US$18 million against 13 Indonesian entities and individuals. The issues involved include contractual default on bond redemption, bond purchase obligations and other defaults on the various investment agreements.
• Representing and advising a major local corporation in a contractual dispute in excess of S$6 million regarding the sale and purchase of marine sand for land reclamation works. It involves issues pertaining to alleged breach of contract, suspension of contract, misrepresentation, estoppel and quantification of alleged loss and damage. .
• Represening a local company in SIAC arbitration involving the wrongful termination of a Franchise Agreement and retail shops in Singapore.
Commercial Fraud and Asset Recovery / Insolvency
• Henry was instructed by a Japanese MNC in respect of a fraud committed in an international investment in excess of US$10 million. The matter involved issues on fraud, constructive trust and tracing. Two world-wide Mareva Injunctions were obtained and the applications to set aside the injunctions were successfully resisted. The matter was successfully settled in clients’ favour during the trial in the High Court.
• Acted for a Singapore listed company in respect of a fraud perpetuated by an ex-employee on a number of banks and financial institutions. The case is the largest ever fraud case in Singapore, in excess of US$100 million. The banks’ pre-action discoveries against the company were also successfully resisted and this was reported in [2004] 4 SLR 39.
• Acting for a Malaysian listed company in a fraud committed by 2 of its directors with claims filed in Singapore and Malaysia for sums in excess of RM44 million. The causes of action included fraud, constructive trust (knowing receipt and knowing assistance), and money had and received.
• Advising and acting for the liquidators of a Malaysian listed company in a claim pertaining to power generation vessels in excess of US$130 million involving issues on constructive trust, fraud, conspiracy, tracing, money had and received, and conversion. Proceedings were initiated in Singapore, Hong Kong, Ecuador and the Dominican Republic.
• Acting for a South African bank in proceedings in Singapore pertaining to a fraud perpetrated by a former employee and others. The value of the claim is in excess of US$6 million.
Banking and Finance / Insurance
• Successfully acted for a distress fund in SIAC arbitration in a claim exceeding US$18 million regarding the issuance and redemption of bonds.
• Advised and represented a private investor in a dispute with a well known international investment bank for a claim in excess of S$9.2 million regarding Australian Dollar / Japanese Yen Dual Currency Investment. The issues involved include margin calls, “stop-loss” orders, misrepresentations and negligence.
• Advised a family of Thai private investors in a dispute with an international investment bank involving breach of customers’ instructions, unauthorised trades and investments, breach of duty of care and misrepresentation. The value of the claim is in excess of US$5 million.
• Acted for a corporation in respect of a claim against its insurers for the total loss of its goods carried onboard a vessel. Issues that arose in the case included insurable interest, letters of credit, loss and title of goods.
Corporate and Shareholders’ Disputes
• Successfully struck out the action against a well known corporation in a dispute between its shareholders / directors. The High Court case was reported in the Singapore Academy of Law Digest Issue 18/99.
• Acted for a corporation in a shareholders’ dispute concerning allegations of minority shareholder oppression. An injunction was also obtained against the company and other shareholders/directors, which was reported in [2001] 2 SLR 189.
Construction and Property Law
• Represented a prominent Singapore listed company in ICC arbitration and High Court proceedings in a dispute in excess of £5 million in relation to the construction of a sewage plant in the Isle of Man.
• Representing a prominent developer in High Court proceedings in relation to alleged defects / sinking driveway of an industrial building in Ubi.
• Henry acted in various en bloc disputes for the minority owners before the Strata Titles Board, High Court and the Court of Appeal. They include developments known as Futura and Hong Leong Garden Condominium.
Employment Law
• Henry successfully struck out parts of the Claimant’s claim and defended the claim for, inter alia, breach of confidential information against an ex-employee. This High Court case was reported in [2003] 4 SLR 658.
• Advised several Japanese MNCs on the restructuring of their subsidiaries and termination of employees.
• Henry has also acted in many other cases, representing both corporations and employees in employment matters concerning restraint of trade, breach of contract, breach of confidential information, summary dismissal, retrenchment, and criminal breach of trust.
Others
• Acted for and against law firms for professional negligence and breach of contract. One of the High Court cases was reported in [1999] 4 SLR 513.
• Acting for the Traditional Chinese Medicine Practitioners Board as the Appointed Person (Prosecutor) and Legal Assessor (Consultant) in relation to complaints made against traditional Chinese medical practitioners for medical negligence and professional misconduct.
• Represented a publishing house in several defamation cases in the High Court and the Subordinate Courts. The issues involved include, inter alia, justification, fair comment and qualified privilege.
• Represented various corporations, publishing firms and individuals in matters pertaining to defamation, negligence, misrepresentation, conversion, and other issues in the law of tort and equity.
• Acted for Infocomm Development Authority of Singapore and Singapore Land Authority in various contentious matters as well as advisory work.
Seminars & Publications
• Seminar on “Managing Breach of Commercial Contracts” organised by Crown Leadership International Group.
• Seminar on “Employment Law & HR Management Masterclass” organised by Crown Leadership International Group.
• Seminar on “Critical Tools for Executives Authorising / Managing Contracts”.
• Seminar on “Issues with Cross-Border Contracts: Managing Breach of Commercial Contracts” organised by LexisNexis.
• Seminar on “Legal Governance & Management of Voluntary Welfare Organisations in Singapore” organised by the Social Service Training Institute, an academy of the National Council of Social Services.
• Seminar on “Essentials of Employment Contracts” organised by the Ong Teng Cheong Institute of Labour Studies.
• Seminar on “Legal Aspects of Structured Trade Finance” held for in-house clients.
• “Saying It Right (The Law of Defamation)”; paper delivered during a seminar specially catered for journalists, editors and publishers.
• “A General and Practical Overview on Contracts”; paper delivered during seminars for the Infocomm Development Authority of Singapore.
• “Ship Financing & Mortgage Enforcement Proceedings”; wrote paper on “Mortgage Enforcement Proceedings” which was delivered during a seminar for Maybank.
• “Ship Financing in Singapore”; wrote paper on “Enforcement Proceedings in Singapore” which was delivered during seminars for clients in Europe.
Appointments & Memberships
Member of the Singapore Academy of Law and Member of the Law Society of Singapore:
• Member of the Law Society’s Civil Practice Committee since January 2003
• Member of the Law Society’s Ethics Committee since January 2005
• Member of the Law Society’s Continuing Professional Development Committee in 2003 and 2004
Shipping and Admiralty Law
• Acted for a shipyard in respect of a dispute pertaining to a ship repair claim and a flash fire which occurred on board during the repairs. The vessel was arrested in Malaysia and the application for wrongful arrest and release of the vessel was successfully resisted at first instance and on appeal. Security of about S$1 million for the release of the vessel was successfully obtained. Summary judgment was also successfully obtained and affirmed on appeal by the shipyard against the ship owners.
• Henry was instructed to act for the salvors in a matter concerning the salvage of a vessel and goods that sunk in Indonesian waters. The dispute related to issues on common law salvage, salvors’ reward, negligence and fraud. Court proceedings were commenced in the High Court against the ship owners and cargo owners. An order for sale of the salved cargo was successfully obtained with the proceeds of sale held in escrow. The matter was successfully settled in clients’ favour via mediation at the Singapore Mediation Centre shortly before trial.
• Advised and acted for an Indian listed company in SIAC arbitration, which was successfully settled with parties entering into fresh contracts after prolonged negotiations over a 5 months period. The disputes dealt with a trans-national shipbuilding contract for a 20-30 ton crane pipe laying barge worth in excess of US$45 million.
• Acting for a major corporation in Venezuela in SIAC arbitration pertaining to a charterparty and wrongful termination of contract. The value of the claim asserted by clients is in excess of US$31 million.
• Henry represented a shipyard in respect of a dispute which arose out of the construction of a luxury yacht. It was successfully argued on appeal to the Court of Appeal that unconscionability was a ground to restrain a call on a performance bond or banker’s guarantee. This was one of the leading cases in Singapore which established that unconscionability was a ground to restrain a call on a performance bond or banker’s guarantee, which was reported in [2001] 1 SLR 657.
• Acted for an oil corporation in an international arbitration with multiple claims and counterclaims. The matter involved issues on breach of contract, demurrage, tort of negligence, seaworthiness of vessel and defective cargo.
• Acted for a leading bank in Malaysia with multiple Suits filed in the High Court of Singapore against various ship owners and freight forwarders with summary judgments being successfully obtained. The issues involved included “lawful holder of a bill of lading”, agency, documentary letters of credit and delivery of goods without due presentation of the bills of lading.
• Advising companies listed on the SGX-ST on compliance with regulatory requirements and on compliance with the code of corporate governance.
• Advising financial institutions, fund managers and fund entities on funds formation and applicable Singapore securities regulations, including application for capital markets services licences, financial adviser licences, advising on the scope and types of exemption from the licencing regimes and offering restrictions etc.
Commercial Disputes
• Successfully advised and represented two venture capital companies in SIAC arbitration and obtained an arbitral award exceeding US$18 million against 13 Indonesian entities and individuals. The issues involved include contractual default on bond redemption, bond purchase obligations and other defaults on the various investment agreements.
• Advised and represented a corporation in ICC arbitration pertaining to a multi-million dollar dispute on an agreement to develop and manufacture products bearing certain marks related to Federation Internationale de Football Association (‘FIFA’).
• Successfully advised and represented two venture capital companies in SIAC arbitration and obtained an arbitral award exceeding US$18 million against 13 Indonesian entities and individuals. The issues involved include contractual default on bond redemption, bond purchase obligations and other defaults on the various investment agreements.
• Representing and advising a major local corporation in a contractual dispute in excess of S$6 million regarding the sale and purchase of marine sand for land reclamation works. It involves issues pertaining to alleged breach of contract, suspension of contract, misrepresentation, estoppel and quantification of alleged loss and damage. .
• Represening a local company in SIAC arbitration involving the wrongful termination of a Franchise Agreement and retail shops in Singapore.
Commercial Fraud and Asset Recovery / Insolvency
• Henry was instructed by a Japanese MNC in respect of a fraud committed in an international investment in excess of US$10 million. The matter involved issues on fraud, constructive trust and tracing. Two world-wide Mareva Injunctions were obtained and the applications to set aside the injunctions were successfully resisted. The matter was successfully settled in clients’ favour during the trial in the High Court.
• Acted for a Singapore listed company in respect of a fraud perpetuated by an ex-employee on a number of banks and financial institutions. The case is the largest ever fraud case in Singapore, in excess of US$100 million. The banks’ pre-action discoveries against the company were also successfully resisted and this was reported in [2004] 4 SLR 39.
• Acting for a Malaysian listed company in a fraud committed by 2 of its directors with claims filed in Singapore and Malaysia for sums in excess of RM44 million. The causes of action included fraud, constructive trust (knowing receipt and knowing assistance), and money had and received.
• Advising and acting for the liquidators of a Malaysian listed company in a claim pertaining to power generation vessels in excess of US$130 million involving issues on constructive trust, fraud, conspiracy, tracing, money had and received, and conversion. Proceedings were initiated in Singapore, Hong Kong, Ecuador and the Dominican Republic.
• Acting for a South African bank in proceedings in Singapore pertaining to a fraud perpetrated by a former employee and others. The value of the claim is in excess of US$6 million.
Banking and Finance / Insurance
• Successfully acted for a distress fund in SIAC arbitration in a claim exceeding US$18 million regarding the issuance and redemption of bonds.
• Advised and represented a private investor in a dispute with a well known international investment bank for a claim in excess of S$9.2 million regarding Australian Dollar / Japanese Yen Dual Currency Investment. The issues involved include margin calls, “stop-loss” orders, misrepresentations and negligence.
• Advised a family of Thai private investors in a dispute with an international investment bank involving breach of customers’ instructions, unauthorised trades and investments, breach of duty of care and misrepresentation. The value of the claim is in excess of US$5 million.
• Acted for a corporation in respect of a claim against its insurers for the total loss of its goods carried onboard a vessel. Issues that arose in the case included insurable interest, letters of credit, loss and title of goods.
Corporate and Shareholders’ Disputes
• Successfully struck out the action against a well known corporation in a dispute between its shareholders / directors. The High Court case was reported in the Singapore Academy of Law Digest Issue 18/99.
• Acted for a corporation in a shareholders’ dispute concerning allegations of minority shareholder oppression. An injunction was also obtained against the company and other shareholders/directors, which was reported in [2001] 2 SLR 189.
Construction and Property Law
• Represented a prominent Singapore listed company in ICC arbitration and High Court proceedings in a dispute in excess of £5 million in relation to the construction of a sewage plant in the Isle of Man.
• Representing a prominent developer in High Court proceedings in relation to alleged defects / sinking driveway of an industrial building in Ubi.
• Henry acted in various en bloc disputes for the minority owners before the Strata Titles Board, High Court and the Court of Appeal. They include developments known as Futura and Hong Leong Garden Condominium.
Employment Law
• Henry successfully struck out parts of the Claimant’s claim and defended the claim for, inter alia, breach of confidential information against an ex-employee. This High Court case was reported in [2003] 4 SLR 658.
• Advised several Japanese MNCs on the restructuring of their subsidiaries and termination of employees.
• Henry has also acted in many other cases, representing both corporations and employees in employment matters concerning restraint of trade, breach of contract, breach of confidential information, summary dismissal, retrenchment, and criminal breach of trust.
Others
• Acted for and against law firms for professional negligence and breach of contract. One of the High Court cases was reported in [1999] 4 SLR 513.
• Acting for the Traditional Chinese Medicine Practitioners Board as the Appointed Person (Prosecutor) and Legal Assessor (Consultant) in relation to complaints made against traditional Chinese medical practitioners for medical negligence and professional misconduct.
• Represented a publishing house in several defamation cases in the High Court and the Subordinate Courts. The issues involved include, inter alia, justification, fair comment and qualified privilege.
• Represented various corporations, publishing firms and individuals in matters pertaining to defamation, negligence, misrepresentation, conversion, and other issues in the law of tort and equity.
• Acted for Infocomm Development Authority of Singapore and Singapore Land Authority in various contentious matters as well as advisory work.
Seminars & Publications
• Seminar on “Managing Breach of Commercial Contracts” organised by Crown Leadership International Group.
• Seminar on “Employment Law & HR Management Masterclass” organised by Crown Leadership International Group.
• Seminar on “Critical Tools for Executives Authorising / Managing Contracts”.
• Seminar on “Issues with Cross-Border Contracts: Managing Breach of Commercial Contracts” organised by LexisNexis.
• Seminar on “Legal Governance & Management of Voluntary Welfare Organisations in Singapore” organised by the Social Service Training Institute, an academy of the National Council of Social Services.
• Seminar on “Essentials of Employment Contracts” organised by the Ong Teng Cheong Institute of Labour Studies.
• Seminar on “Legal Aspects of Structured Trade Finance” held for in-house clients.
• “Saying It Right (The Law of Defamation)”; paper delivered during a seminar specially catered for journalists, editors and publishers.
• “A General and Practical Overview on Contracts”; paper delivered during seminars for the Infocomm Development Authority of Singapore.
• “Ship Financing & Mortgage Enforcement Proceedings”; wrote paper on “Mortgage Enforcement Proceedings” which was delivered during a seminar for Maybank.
• “Ship Financing in Singapore”; wrote paper on “Enforcement Proceedings in Singapore” which was delivered during seminars for clients in Europe.
Appointments & Memberships
Member of the Singapore Academy of Law and Member of the Law Society of Singapore:
• Member of the Law Society’s Civil Practice Committee since January 2003
• Member of the Law Society’s Ethics Committee since January 2005
• Member of the Law Society’s Continuing Professional Development Committee in 2003 and 2004