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Colin Liew
廖伟仁
Director
Colin is a Director and head of the firm’s International Litigation practice group, with extensive experience in complex cross-border disputes.
After graduating at the top of his year from the University of Oxford where he won multiple academic prizes, Colin has had over a decade’s experience representing clients in high-stakes commercial disputes, with regular appearances before the High Court, Singapore International Commercial Court and Court of Appeal. Dual-qualified in Singapore and England and Wales, he has acted against Senior and King’s Counsel in a broad spectrum of complex, high-profile matters involving state-owned entities, statutory boards, multinational corporations and high net worth individuals.
Colin is highly skilled in civil fraud disputes, where he has argued groundbreaking cases involving Ponzi schemes, round-tripping, and accounting and securities frauds. Additionally, he has handled large-scale ad hoc and institutional arbitrations, covering sectors such as construction, commodities and sale of goods. Colin has substantial experience in jurisdictional appeals, challenges to awards and securing anti-suit relief. He has been frequently instructed as an expert on Singapore law before foreign courts and tribunals, and as the sole author of the leading text on the topic is a recognised authority on legal professional privilege.
Colin is described as “one of the sharpest legal minds of his generation” who is “an excellent practitioner: extremely responsive, commercial and sharp” (Lexology). Clients note that he is “always well-considered, works in a lightning quick manner, and insightful in his analysis”, a “formidable lawyer and very user-friendly“, and “an exceptional advocate who is able to digest the most complex of cases” (Legal500).
Admissions
Advocate and Solicitor, Supreme Court of Singapore
Professional Experience
- Acted for a leading commodities trader in an SIAC arbitration arising out of a contract for the sale and purchase of light cycle oil, worth in excess of USD 10 million. The dispute involved difficult questions of Chinese law and featured hot tubbing of multiple expert witnesses.
- Acted for a leading commodities trader against Senior Counsel in ad hoc arbitrations arising out of a severe bunker contamination incident, involving potential liabilities in excess of USD 100 million.
- Acted for the purchaser in an ICC arbitration arising out of an agreement for the sale and purchase of oil and gas products, against a South American State-owned enterprise.
- Acted for a Thai listed entity in an LMAA arbitration arising out of a charterparty dispute, worth in excess of USD 10 million.
- Acted for an EPC contractor in an ad hoc arbitration against a subsidiary of a Chinese State-owned entity in a complex dispute worth approximately SGD 30 million, raising issues of bribery and corruption.
- Acted for a Cayman segregated portfolio company in an SIAC arbitration arising from a dispute over a share transfer agreement, worth in excess of USD 10 million.
- Acted for a biotechnology company in an SIAC arbitration concerning a patent dispute over pharmaceutical technology worth approximately SGD 120 million.
- Acted for a Malaysian company in an SIAC arbitration arising from a dispute over a professional services agreement.
- Acted for a corporate consultancy in an SIAC arbitration against a Chinese state-owned entity in a dispute over a service agreement.
- Acted on behalf a foreign working interest owner against Senior Counsel before the Singapore International Commercial Court, in successfully challenging a negative jurisdictional ruling made in an ICC arbitration. This is believed to be the first instance of a successful challenge to a negative jurisdictional ruling, reported as Frontier Holdings Limited v Petroleum Exploration (Private) Limited [2024] SGHC(I) 34.
- Acted on behalf of a leading airline joint venture against Senior Counsel before the Singapore International Commercial Court and Court of Appeal, in successfully resisting an application to set aside an ICC award worth in excess of USD 30 million. Reported as Asiana Airlines, Inc v Gate Gourmet Korea Co, Ltd [2022] 4 SLR 158. Subsequently obtained anti-suit injunctions to restrain parallel proceedings before the Korean courts, which raised novel issues as to when non-parties to an arbitration agreement would be entitled to anti-suit relief, reported as Gate Gourmet Korea Co, Ltd and others v Asiana Airlines, Inc [2024] 2 SLR 279.
- Acted on behalf of a leading commodities trader in a successful application for permission to appeal (and subsequent appeal) against an SCMA arbitration award on a question of law, concerning the meaning of the word “delivered” under the BP GTCs in a contract on DES terms.
- Acted on behalf of a state-owned entity against Senior Counsel before the Singapore International Commercial Court, in successfully resisting an application to set aside SIAC awards worth in excess of USD 1 billion, as well as an application to remove the presiding arbitrator for apparent bias. Reported as CFJ v CFL [2023] SGHC(I) 1.
- Acted on behalf of a State-owned enterprise against Senior Counsel in successfully setting aside an ICC award worth approximately USD 50 million, on the basis that the award had been rendered in breach of natural justice.
- Acted on behalf of a regional development bank in successfully appealing a jurisdictional award involving the proper law of the arbitration agreement, reported as BCY v BCZ [2017] 3 SLR 357.
- Acted on behalf of a Southeast Asian Government in appealing a jurisdictional award arising out of an investor-State arbitration involving the applicability of the Laos-PRC BIT to the Macau SAR. Reported as Government of the Lao People’s Democratic Republic v Sanum Investments [2015] 2 SLR 322.
- Acted for a sovereign wealth fund and liquidators of a special purpose entity in complex asset recovery claims worth approximately USD 400 million against a Singapore private bank represented by Senior Counsel, arising out of one of the largest corruption, bribery and money laundering scandals on record. These proceedings were part of a global asset recovery campaign spanning multiple jurisdictions and raised difficult issues of law regarding limitation and forum selection.
- Acted for the successful defendant in a USD 30 million dispute involving allegations of trade finance fraud, against Senior Counsel. Now one of the leading Court of Appeal authorities on implied representations, reported as UniCredit Bank AG, Singapore Branch v Glencore Singapore Pte Ltd [2023] 2 SLR 587.
- Acted for two high net worth individuals in interpleader proceedings arising from a failed Ponzi scheme before the Singapore International Commercial Court and Court of Appeal, successfully resisting a competing claim to a fund of USD 10 million, against Queen’s Counsel. Reported as Tamar Perry & anor v Jacques Henri Georges Esculier & anor [2023] 2 SLR 30.
- Acted for the successful claimant in a complex USD 210 million investment fraud / conspiracy dispute involving multiple parties, as part of cross-border litigation spanning more than five jurisdictions, resulting in several landmark Court of Appeal judgments on round-tripping fraud, post-judgment Mareva injunctions and abuse of process. Reported as JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd [2020] 2 SLR 490; [2020] 2 SLR 1256; and [2021] 1 SLR 1298.
- Acted for investors of an Australian company in respect of a cross-border “pump and dump” scheme, involving novel issues of law under the Securities and Futures Act 2001 and Companies Act 1967, and successfully obtaining a stay of the proceedings on the basis of forum non conveniens.
- Acted for a foreign government in obtaining a freezing injunction against a high net worth individual as part of cross-border litigation spanning more than five jurisdictions involving allegations of corruption, fraud and breaches of fiduciary duty.
- Acted for a leading Singapore law firm in resisting an application for third party taxation, as well as permission to appeal to the Court of Appeal. Now one of the leading authorities concerning the statutory appellate jurisdiction of the Court of Appeal, reported as Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP [2022] 2 SLR 1091.
- Acted for the Comptroller of Income Tax before the Court of Appeal, involving novel issues as to the proper approach to be adopted where new evidence is sought to be admitted for the purposes of hearing further arguments, reported as ARW v Comptroller of Income Tax [2019] 1 SLR 499.
- Acted on behalf of a minority shareholder of a global shipping conglomerate in a minority oppression action, successfully obtaining an order for the rectification of a company’s register of directors, managers, secretaries and auditors.
- Acted for a major contractor in proceedings worth approximately SGD 10 million in proceedings before the Court of Appeal. Now the leading authority on contractual frustration, reported as Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] 3 SLR 857.
- Acted for an international bank in proceedings involving actions for wrongful dismissal, arising out of the potential manipulation of benchmark rates, and successfully resisted an application for pre-action discovery of documents.
- Appointed as amicus curiae in proceedings concerning the circumstances in which a company is permitted to represent itself in civil proceedings, now the leading decision in this area of the law, reported as Bulk Trading SA v Pevensey Pte Ltd [2015] 1 SLR 538.
- Acted for a leading Singapore law firm in successfully striking out applications to restrain the law firm from acting for two companies and their judicial managers in a large-scale restructuring. Now the leading Court of Appeal authority on the residual powers of directors to act on behalf of companies which have been placed in judicial management or liquidation, reported as Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP [2022] 2 SLR 253.
- Acted in winding-up proceedings involving a SGD 1 billion joint venture behind the Capitol Singapore, reported as Perennial (Capitol) Pte Ltd v Capitol Investment Holdings Pte Ltd [2017] SGHC 84.
- Acted for the Comptroller of Income Tax in defending an appeal by a taxpayer that gains should not be subject to income tax in excess of SGD 20 million.
- Acted in judicial review proceedings seeking permission to quash decisions of a Complaints Committee of the Singapore Medical Council on grounds of excessive delay, reported as Lee Lip Pheng Ian v Chen Fun Gee and others [2020] 1 SLR 586.
- Acted in disciplinary proceedings before the Court of Three Judges concerning the proper interpretation of the “leapfrog” provision in s 94A of the Legal Profession Act 1966, reported as Law Society of Singapore v Kangatharan s/o Ramoo Kandavellu [2018] 4 SLR 859.
- Acted in criminal revision proceedings which resulted in the quashing of a criminal conviction and a retrial of charges of money-laundering due to the wrongful admission of privileged material, reported as Rahimah bte Mohd Salim v Public Prosecutor [2016] 5 SLR 1259. The charges were dropped by the Public Prosecutor following this decision.
- Acted on behalf of the Monetary Authority of Singapore in obtaining a statutory freezing order against a high-profile asset manager under the Securities and Futures Act 2001, reported as Monetary Authority of Singapore v Huang Zhong Xuan [2013] SGHC 242.