Experience

Civil and Commercial Litigation

Nicolas has represented corporations, individuals, founders, start-ups, SMEs, listed companies, financial institutions and MNCs in civil and commercial litigation matters. Representative matters include:

Singapore Clients

recovery of losses and investments in private equity funds, Singapore companies and cryptocurrencies
minority shareholders for minority oppression claims under s216 Companies Act against the other shareholders
shareholders disputes and breaches of directors’ duties
a financial advisory firm against an investment/asset manager for breach of confidence, conspiracy by unlawful means, and interference with contractual relations
defamation cases and lawsuits (libel and/or social media defamation)
joint venture and investment disputes in relation to Singapore companies
Swedish lock manufacturer ASSA Abloy’s Singapore office on commercial disputes
Singapore food distributors (seafood, fruit, retail) against various counterparties
F&B, property and product scams
franchise disputes within the fitness, F&B and education industries
investment disputes in property, hotels and leisure industries
landlord and tenant disputes (commercial and residential leases)
construction and renovation disputes
MCST disputes against the developers of luxury condominiums in the Keppel Bay area
debt collection matters
employment disputes, termination and severance negotiations with Singapore companies, financial insitutions and MNCs

International Clients

U.S. law firms and U.S. multinational companies with Singapore law legal matters
British companies with disputes or corporate transactions in Singapore
Canadian medical device company in a High Court dispute with a Singapore company
Founders of cryptocurrency tokens based in the Silicon Valley and Puerto Rico
Middle Eastern individuals in a US$280m claim against a Singapore listed company for breaches of contract, fraud and conspiracy
a South African company in a dispute with a Norwegian-listed company in relation to payments for services and taxes
high net worth PRC individual against a Singapore fund manager for investment losses
a U.S. furniture company in a multi-million dollar dispute with a U.S. listed company for breach of copyright
an Indonesian agriculture fertiliser company in relation to a shareholders’ dispute commenced in the High Court of Singapore
Israeli fruit exporter against a Singapore fruit distributor

Domestic and International Arbitration

Nicolas has been involved in the following domestic and international arbitration cases:

Singapore company in contractual dispute against UK company in relation to a Taiwanese project
Singapore individual in a SIAC arbitration against one of Singapore’s casino in defence of claims for breach of employment obligations
Singapore company and Singapore individuals in three concurrent SIAC arbitrations against a Singapore company in defence of claims for misrepresentation, breach of contract and breach of employment obligations, including resisting consolidation of the said three arbitrations
foreign telecommunications company in a SIAC arbitration against a Singapore company for claims of breach of a joint venture agreement and minority oppression in relation to the construction of telecommunications infrastructure in a Southeast Asian country
Singapore individual in SIAC arbitration proceedings against a US fitness franchise chain
Hong Kong clothing company in SIAC arbitration proceedings against a US branded apparel company and a Bermuda supply chain manager
Italian company in relation to HKIAC proceedings in Hong Kong

International Mediation

acted as mediation advocate for claimants and respondents in more than 40 cases
acted as co-mediator in an ICC mediation between an European MNC and an Indonesian HNWI
served as mediation judge, coach and assessor for various international mediation competitions and mediation courses

Employment Law

Nicolas has advised and represented both employers and employees in the following types of cases:

employees on termination, severance, unfair dismissal or disciplinary investigations
advice on non-competition clauses and restrictive covenants
employers against employees who had breached confidentiality obligations, set up competing businesses, stolen customers and data, or defamed their employers
drafting of employment contracts, employment stock option schemes (ESOS), confidentiality agreements and employee handbooks
bribery, corruption and breaches of the Prevention of Corruption Act of Singapore, the Foreign Corrupt Practices Act (FCPA) or United Nations Security Council (UNSC) Sanctions
workplace discrimination / bullying / harassment

Criminal Law

Nicolas has advised and represented clients for the following Singapore criminal matters:

offences in relation to Government Grants and Government Tenders
cheating Offences
offences relating to the Computer Misuse and Cybersecurity Act (CMCA)
offences relating to the Corruption, Drug Trafficking and Other Serios Crimes Act (CDSA)
investigations by the Commercial Affairs Department (CAD)
investigations by the Corrupt Practices Investigation Bureau (CPIB)
investigations by the Monetary Authority of Singapore (MAS)
investigations by the Ministry of Manpower (MOM)
offences involving the Inland Revenue Authority of Singapore (IRAS)
offences involving the Central Provident Fund (CPF)
offences involving the Land Transport Authority (LTA)
offences involving the Immigration and Checkpoints Authority (ICA)
Japanese businessmen in the largest private sector corruption case in Singapore
alleged mastermind Toh Hock Thiam in the biggest casino chip conspiracy in Singapore involving the Marina Bay Sands casino

Reported Cases

Takaaki Masui v Public Prosecutor [2020] SGHC 265
Public Prosecutor v Qiao Mu [2020] SGDC 59
Public Prosecutor v Yuen Ye Ming [2018] SGDC 229
Public Prosecutor v Mohd Halmi bin Hamid and others [2005] 4 SLR 200

Mergers and Acquisitions

Singapore M&A transactions

Macquarie Bank Australia on its acquisition of a Singapore company
the sellers of a Singapore logistics company to a South Korean logistics group listed on the Korea Stock Exchange
the sellers of a Singapore construction company to Florida based buyers
a New York hedge fund on the purchase of interests in a Singapore company – Bloomberg: How a Jazz Pianist Took a Top Post at Wall Street Hedge Fund
the purchaser of a paintball facility in Singapore
the German sellers of a luxury yacht Singapore company to an Asian buyer

International M&A transactions

a listed telecommunications company on its US$1 billion bid for a global telecommunications provider
AT&T on the acquisition of IBM’s global network communication services in China, Hong Kong, Indonesia, Philippines, Malaysia and Singapore
1MDB on its investment in an oil services and production company headquartered in Saudi Arabia
Macquarie on the sale of a group of Indonesian energy companies to a Middle Eastern government enterprise
Neptune Orient Lines on its potential acquisition of an international logistics group
an Indonesian energy company on the sale of its 51% interest in an energy company to an international energy company, valued at £112m
NTS Group B.V. on its acquisition of companies in Singapore and China
a Japanese securities company on its acquisition of a car leasing business in Indonesia
a NYSE listed Chinese company on its acquisition of a Chinese energy company
a South Korean conglomerate on its potential acquisition of Bossini International

Private Equity

a New York private equity fund on its investment in an Indonesian hotel group
Morgan Stanley on its pre-IPO investment in a Chinese healthcare company
a Japanese TSE-listed company on its investment in an ASX-listed mining company
a Hong Kong private equity fund on its investment in a Singapore property company
a PRC energy company on the sale of shares and warrants to a Silicon Valley private equity fund
Indian companies on the issuance of foreign currency convertible bonds to private equity funds
a Singapore venture capital fund on its Series A investments in Silicon Valley software developers

Banking and Finance

Goldman Sachs Capital Partners LP on its US$275m mezzanine credit agreement relating to the leveraged buy-out of an Indonesian energy company
Agile Property Holdings on a HK$1.6b syndicated facility with Standard Chartered Bank
Shimao Property Holdings on its US$440m and HK$156m term loan facilities with Standard Chartered Bank
Evergrande Real Estate Group on its financing arrangements
Horizon Finance Technology Corporation on a credit and security agreement with a Hong Kong entity
Citigroup on the refinancing of a US$300m facility with major luxury travel retailer DFS
Indosat on a US$40m export credit facility with ABN AMRO
Spotless on its US$160m guaranteed senior note offering

Reported Judgments

Nicolas has been involved in the following Singapore law reported cases:

Raveendran Rakesh v Jason Mike Nathan and another [2021] SGDC 73
Yip Fook Chong (alias Yip Ronald) and another v Loy Wei Ezekiel and another [2020] SGHC 84
International Financial Services (S) Pte Ltd and another v Old Mutual International Isle of Man Ltd Singapore Branch and another [2018] SGHC 127
Koh Say Chong v Two Oceans Film Company Pte Ltd [2016] SGHC 171
Goh Chok Tong v Chee Soon Juan (No 2) [2005] 1 SLR 573; [2005] SGHC 3 Lee Kuan Yew v Chee Soon Juan (No 2) [2005] 1 SLR 552; [2005] SGHC 2
Goh Chok Tong v Chee Soon Juan [2003] SGHC 79
Lee Kuan Yew v Chee Soon Juan [2003] SGHC 78
Teh Guek Ngor Engelin v Chia Ee Lin Evelyn [2005] 3 SLR 22; [2005] SGCA 19
Chia Ee Lin Evelyn v Teh Guek Ngor Engelin [2004] SGHC 193
Shepherd Andrew v BIL International Ltd [2003] SGHC 145

While at Drew & Napier, Nicolas acted for Singapore Power, in the 89-day Committee of Inquiry arising from the collapse of the tunnel for the MRT Circle Line along Nicoll Highway. He also advised national rail operator Singapore MRT on potential disputes and compliance matters.