Junxiang Koh

Full Profile

*Clyde & Co Clasis is a joint law venture in Singapore between Clyde & Co and Clasis LLC.

Junxiang is a specialist in restructuring and insolvency, with an in-depth knowledge of Singapore insolvency laws and procedures. He has acted for liquidators, scheme managers, judicial managers and receivers in all aspects of corporate restructuring & insolvency, both contentious and non-contentious. This includes representation in the context of numerous high-profile insolvencies, particularly in the energy, resources and shipping sectors. He also has extensive experience acting for distressed companies in restructuring their debts and corporate turnarounds.

Apart from restructuring and insolvency, Junxiang also regularly advises and represents corporations, directors and individuals in numerous high value, complex disputes, and appeared before all levels of the Singapore Courts. His matters frequently involve issues relating to alleged breaches of director's duties, employment contracts, and professional liability. He also advised and represented forensic accountants, the Singapore Stock Exchange and the Singapore government in complex investigations into suspected cases of commercial fraud, accounting irregularities and breaches of listing regulations.

Junxiang tutors aspiring lawyers in Civil Procedure and Insolvency as part of the preparatory course leading to Part B of the Singapore Bar Examinations.

Experience

Restructuring & Insolvency

• Acted for a chain of specialist clinics in Singapore in applying for a moratorium under s. 64 of the Singapore Restructuring and Insolvency Act.  
• Acted for a Hong Kong based investment bank in appointing receivers and managers over a Singapore-based property developer which had issued some US$32 million worth of notes and had defaulted on payment.  Subsequently acted for the bank in its application to wind up the company and in connection therewith, subject the sole director to committal proceedings.
• Acted for Cayman Islands based liquidators in avoidance claims of more than S$10 million against its former managers.
• Acted for a Singapore-based property developer with debts of over S$20 million in applying for a Scheme of Arrangement.
• Acted for a major Indian bank in a series of applications to the High Court of Singapore (and subsequent appeal to the Court of Appeal) to enforce its security over a pledge of shares in a Singapore subsidiary of an MNC.
• Advised and acted for a multi-national energy derivatives trading company in respect of issues arising from a Scheme of Arrangement proposed by a well-known shipping firm.
• Acted for an Indonesian former banker in his efforts to get his creditors to approve an Individual Voluntary Arrangement. The client had above S$40 million worth of debts and more than 20 creditors. The work necessitated 2 appeals to the Court of Appeal and conducting numerous creditor meetings.

Arbitration

• Representing a major Indian company engaged in the business of establishing and operating satellite system infrastructure in an ICC arbitration involving defending the Indian company against claims amounting to approximately USD 200 million by a Bermuda-based satellite operator arising from alleged breaches of a satellite capacity agreement. The agreement was governed by English law.
• Acting for an Indian company in an SIAC arbitration against a Malaysian conglomerate arising out of an aborted share purchase agreement to purchase the client’s shareholding in one of the largest pulp and paper mills in Malaysia. The dispute involved the call on a performance guarantee, and the claim values is USD 50 million.
• Represented an international trading company in an arbitration against an energy trading company in Singapore under the auspices of the Singapore International Arbitration Centre. The disputes arose out of an agreement between the parties for the sale and purchase of two shipments of steam coal. 
• Successfully represented an American agri-business in an SIAC arbitration against an Indian party, and successfully represented the client in resisting subsequent setting aside proceedings brought by the respondent in the High Court of Singapore.
• Acted for JVL Agro Industries Ltd in a successful application against Agritrade International Pte. Ltd. to set aside an arbitration award on the basis of a breach of natural justice.
• Successfully represented three private equity investment firms incorporated in Mauritius and/ or India in proceedings before the Singapore International Commercial Court commenced by two Indian companies. The proceedings before the SICC arose out of a complex series of transactions involving the sale and purchase of shares, with a total transaction value of about INR 2,000,000,000.
• Successfully represented an Indian business consultant in his dispute with an individual to whom he provided consultancy services over interpretation of the letter of engagement and entitlement to fees. We obtained a successful result for the client both before the General and Appellate Divisions of the High Court. 
• Acting for an Indian bank in a joint venture dispute against an Indonesian bank.
• Acted for a major Indian bank in a series of applications to the High Court of Singapore (and subsequent appeal to the Court of Appeal) to enforce its security over a pledge of shares in a Singapore subsidiary of an MNC.
• Acted for and advised a large coal mining company in Indonesia, in a US$22 million dispute with a major engineering and construction company, arising from a failed joint venture project in East Kalimantan.
• Acted for and advised the main contractor, a Singapore incorporated subsidiary of a large Indian construction company, in a dispute with a Chinese government-related owner arising out of the EPC Contract for the Myanmar-China Crude Oil Pipeline Project.
• Acted for a multi-national software solutions company in a US$2 million dispute with a Philippines bank in an arbitration governed by the SIAC Rules.
• Acted for India's largest state-owned bank in a dispute with an Indonesian shareholder of their Indonesian subsidiary in an arbitration governed by SIAC Rules.

Commercial Litigation

• Represented The Wellness Group and the Indian-born founder of TWG Tea, a well-known tea company in Singapore in a shareholders’ dispute with the other shareholders of TWG Tea – OSIM International and Paris Investments. The value of the dispute was about SGD 100 million. The Suit also involved a counterclaim for defamation brought by OSIM International and the other defendants. The Wellness Group and the founder of TWG Tea also sued OSIM and each member of its Board of Directors for defamation in a separate suit (which was consolidated with the main suit).
• Represented two insurance brokerage firms belonging to a leading insurance broker in Singapore in proceedings before the Singapore High Court. The dispute concerns an alleged conspiracy between certain of former employees of our client who began a competing insurance brokerage business after their employment at the company. The case also involves allegations of breaches of employment contracts, breaches of statutory duties, and breaches of confidence.
• Acted for a major Indian bank in setting aside an injunction obtained by a Singapore-based company in a dispute with several other international parties over letters of credit and non-delivery of over US$4 million worth of goods. 
• Acted for a major Indian bank in a series of applications to the High Court of Singapore (and subsequent appeal to the Court of Appeal) to enforce its security over a pledge of shares in a Singapore subsidiary of an MNC.

Fraud & Investigations

• Advised and represented a Big 4 accounting firm in investigating the affairs of a major Singapore charity, initiated by the Singapore Charities Commission and drafting the Special Audit Report. Based on our findings, high profile criminal proceedings were brought against the major figures of the charity, who were all convicted for criminal breach of trust.
• Acted for the former independent director and audit committee chairman of an S-Chip company (Chinese company listed in Singapore) in investigations initiated by the Singapore Stock Exchange into alleged conflicts of interest.  Also acted for the individual in disciplinary proceedings brought by the Institute of Chartered Public Accountants of Singapore.
• Acting for a global commodities merchant in a US$300 million fraud perpetrated through the forgery of warehouse receipts. The case involves concurrent proceedings in Singapore, San Francisco, London, Hong Kong, Macau, and the Cayman Islands.