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Nigel PEREIRA

Partner

Nigel Pereira is a Partner with RHTLaw Asia’s Litigation & Dispute Resolution Practice and specialises in Insolvency, Restructuring & Work-Outs with an emphasis on investigations and cross-border asset recovery. He has advised insolvency practitioners, audit and governance professionals, investigators, corporates, directors, shareholders and individuals on insolvency risk and options, debt management and restructuring, asset tracing and injunctions, investigations and data privacy, employee breaches, fraud risk and incident response, anti-corruption and anti-money laundering. He has also advised landlords, joint-venture partners and parties in family and succession disputes.

Nigel is a Certified Fraud Examiner (ACFE) and a member of the Chartered Institute of Arbitrators (CIArb) and INSOL international. He is an afflilate of the Society of Trust and Estate Practitioners (STEP). He also holds certification in IT risk, governance, security and computer forensics and is a Certified Blockchain Professional (IIB).

Regional

    • Assisted an MNC with its review of legal due diligence and employment law requirements in several jurisdictions in South-East Asia
    • Advised an MNC on developing its anti-corruption and whistleblowing policies, training and audit programmes across several jurisdictions in South-East Asia
    • Advised corporate claimants on their options in asset tracing and recovery across multiple jurisdictions in South-East Asia and elsewhere
    • Advised a foreign financial institution on data transfer requirements in support of administrative investigations

Restructuring and Insolvency

    • Advised various stakeholders in the logistics and construction sectors, including an oil major in relation to the restructuring of KrisEnergy Ltd, an energy and infrastructure creditor in relation to the financial reorganisation of Hyflux, creditors of Alpine Bau GmbH (Singapore Branch) and Jurong Aeromatics Corp, the liquidators of Celestial Nutrifoods Ltd, Progen Engineering Pte Ltd, Yong Tat Plumbing Pte Ltd, Apco Engineering Pte Ltd and Guan Bee Construction Pte Ltd, and the receiver and manager of certain contract proceeds of Serrano Limited.
    • Advised various stakeholders in the manufacturing, trading and marine sectors, including the liquidator of King-Repa Trading Pte Ltd, ad hoc steering committee of bondholders of Nam Cheong Limited, creditors of Marco Polo Marine, and judicial managers of Environmental Holdings Pte Ltd.
    • Advised various stakeholders in the technology and retail sectors, including the liquidators of Newstead Technologies Pte Ltd, Six Capital (FX Trading) Ltd, Opus Offshore Ltd, Reflect Geophysical, Swiber Offshore Marine Pte Ltd and Profit On Land Strategic Investments Pte Ltd, the boards/management of Nutune Singapore Pte Ltd and Westech Engineering Ltd.
    • Advised various stakeholders in the arts and entertainment sector, including the provisional liquidator of Art Stage Singapore, creditors (technical crew and suppliers) with claims arising from cancelled run of a musical, the facilities managers of an arts facility in claims for unpaid rent, an event organiser in a dispute relating to a broadcast agreement, and performers/technical crew for unpaid fees.
    • Advised corporate landlords and tenants and food and beverage operators on insolvency risks and options for restructuring.

Fraud, Anti-bribery/corruption, Investigations and Computer Misuse

    • Advised and represented the liquidators of China Medical Technologies Inc and CMED Technologies Ltd in asset recovery and injunctive relief proceedings in the High Court and Court of Appeal for claims in excess of USD500 million. Reported as Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50 and China Medical Technologies, Inc (in liquidation) v Wu Xiaodong [2018] SGHC 178
    • Advised and represented Dutch and Panamanian creditors in asset tracing and recovery proceedings in the High Court for claims of about EUR 20 million.
    • Advised and represented a chemicals trading MNC in asset tracing and recovery proceedings against a former employee for a claim of about SGD1.9 million.
    • Advised a Swiss MNC in asset tracing investigations against a former employee for claims of about USD 1 million.
    • Advised a steering committee representing about 5,000+ investors in asset tracing investigations against former management of the Dressel fund across Indonesia.
    • Led and/or advised MNCs and charities on investigations relating to suspected third party corruption in the healthcare sector in Indonesia and Vietnam, and relating to employee misconduct, data theft, breaches by fiduciaries and fraud.
    • Advised on anti-bribery management systems, disposal inquiry proceedings and anti-money laundering and CFT requirements
    • Advised on investigation processes and methods, including issues on computer misuse, preservation of digital evidence, banking secrecy and data protection

Employment

    • Advised corporates, directors and employees on legal duties, wrongful termination issues, restraint of trade issues, and statutory obligations.

Commercial Litigation & International Arbitration

Reported cases:

  • Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd & anor & another appeal [2011] 3 SLR 540 (Court of Appeal)
  • Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd & another & another suit [2009] 4 SLR(R) 788 (High Court)
  • Raffles Money Change Pte Ltd (fka Honest Money Changer Pte Ltd) v Skandinaviska Enskilda Banken AB (Publ) (formerly known as Skandinaviska Enskilda Banken AB) [2009] 3 SLR(R) 1 (High Court)
  • S Y Technology Inc v Pacific Recreation Pte Ltd [2007] 2 SLR(R) 756 (High Court)
  • CHS CPO GmbH & Another v Vikas Goel & Others [2006] SGHC 49 (High Court)
  • OCM Opportunities Fund II, LP v Burhan Uray (Wong Ming Kiong) & Ors [2004] 4 SLR 74 (High Court)
    • International arbitrations in relation to breach of distributorship agreements and unpaid material-supply contracts

Family, Private Wealth & Succession

Reported cases:

  • UAX v UAY [2017] SGFC 55 – Advised and acted for a husband in resisting claims for spousal maintenance and addressing whether a certain property is a “matrimonial asset”
  • MSS 5315/2014 [2015] SGFC 97 – Advised on maintenance payable by husband
  • AYM v AYL & Anor Appeal [2014] SGCA 46 (Court of Appeal) – Advised on the workability of a consent order on ancillary matters
  • AYL v AYM [2013] SGHC 237 (High Court)
  • AYM v AYL [2012] SGCA 68 (Court of Appeal)
  • AYL v AYM [2012] SGHC 64 (High Court)
  • AMJ v AML [2010] SGDC 404 (District Court) – Advised and acted for a husband in resisting a claim for substantial maintenance
  • Kuntjoro Wibawa v Harianty Wibawa & Ors [2016] SGHC 109 (High Court) – Advised on duties of a trustee
  • Chng Heng Tee (@ Cheng Kim Tee) & Anor v Estate & Trust Agencies (1927) Ltd (Ho Hong Bee Christina (executrix of the estate of Koh Tek Heng, dec’d), intervener) & anor [2010] 1 SLR 681 (High Court) – Advised on issues of inheritance
    • Advised on range of family matters, including guardianship issues, relocation of child issues, shared care and control issues, allegations of child abduction and dispute resolution relating to care and maintenance of children.
  • Nigel graduated from the National University of Singapore and the University of Durham (St Aidan’s College). He was admitted as an Advocate & Solicitor of the Supreme Court of Singapore in 2004 and was admitted as a Solicitor in England & Wales in 2009.
  • Member, Chartered Institute of Arbitrators (CiArb)
  • Certified Fraud Examiner (ACFE)
  • Member, INSOL International
  • Affiliate, Society of Trust and Estate Practitioners (STEP) in 2015
  • Law Society of Singapore
  • Law Society of England & Wales
  • Singapore Academy of Law


Key Areas of Expertise:

Commercial Litigation, Insolvency & Restructuring, including investigations and cross-border asset recovery

Telephone : +65 6381 6927
Fax : +65 6816 0857

Email

 

  • Who’s Who Legal 2019 for Investigations and Asset Recovery