Smitha MENON

Matters of significance in which Smitha has been involved in include acting/advising for the following:

• The Kingdom of Lesotho in an investment treaty arbitration for expropriation of diamond mining leases and in an application to set aside an investment treaty award finding the State liable for denial of justice in relation to its role in the shuttering of the Southern African Development Community Tribunal.
• The judicial managers of Xihe Holdings, one of the world's largest tanker fleets consisting of over 80 vessels of varying types, on debts and claims in excess of S$1 billion and a potential restructuring and the liquidatorsof the Greatearth Group of companies which were the contractors for multiple construction projects valued in excess of S$800million with key government agencies in Singapore such as the Housing Development Board, National Environmental Agency, Jurong Town Corporation, and Land Transport Authority.
• The former majority shareholders of ISE-listed pharmaceutical company Ranbaxy Laboratories Ltd in challenging an arbitration award for sums in excess of S$700 million which included the first successful ad hoc admission of Indian Senior Counsel for the purposes of the Singapore court proceedings: Re Harish Salve and another [2018] SGCA 06.
• Hyflux Ltd in its US$2.3 billion debt restructuring; the ad hoc committee of holders of notes issued by Noble Group Limited on the US$3.5 billion financial restructuring of the Noble Group, EMAS Chiyoda Subsea Limited and its subsidiaries on their cross-border restructuring of debt in excess of S$1 billion, the MEO Group on its financial restructuring of liabilities in excess of S$500 million and the Singapore liquidators of the Wirecard Group.
• EFG Bank AG, Singapore Branch in the scheme of transfer of the private banking, treasury and wealth management business of BSI Bank Limited to EFG and the liquidation of BSI Bank in Singapore as a result of the revocation by the Monetary Authority of Singapore of its banking license.
• A joint venture subsidiary of the Accor Group of hotels in an international arbitration against its joint venture partner and also acting for JP Morgan Partners Asia Pte Ltd in a contentious insolvency arising from a US$260 million leveraged buy-out of a technology company, Metalform Asia Pte Ltd, which included arbitration and litigation proceedings before tribunals and courts in Singapore, Mauritius and the Privy Council.

Related Practices

• India
• International Arbitration
• Restructuring & Insolvency
• Special Situations Advisory