Joseph is the Joint Managing Director of the Firm. Prior to co-founding the Firm, Joseph worked in an international law firm and a leading Singapore disputes resolution firm.
Joseph is one of the leading dispute resolution lawyers of his generation. He was ranked as 40 most influential lawyers in Singapore Aged 40 and Under by the Singapore Business Review in 2015. More recently, he has been recognised by the Legal 500 as a Next Generation Partner for dispute resolution for 2021 and 2022 and Benchmark Litigation as a Litigation Star for construction matters. Clients describe him as a “very astute and sharp litigator who looks at issues thoroughly and is quick at strategizing and finding solutions to protect his clients’ interests”, a “deep thinker” who “gets results”, and an “outstanding litigator” who “brings a wealth of experience to bear on [his] advice and conduct of cases”. Most recently, Joseph was described as “sharp as nails and comes up with creative arguments. He is also a consummate strategist. He fully owns his client’s problems and works very hard.” (Legal 500 2022)
Joseph has a broad range of advocacy experience and has appeared as lead counsel in the highest levels of the Singapore courts in cases which have shaped Singapore law in commercially significant ways. These cases include LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648, a leading case in the interpretation of the Building and Construction Industry Security of Payment Act, Clearlab SG Pte Ltd v Ma Zhi and another [2014] SGHC 221, a key case on equitable compensation and trade secrets, and Crest Capital Asia Pte Ltd and others v OUE Lippo Healthcare Ltd (formerly known as International Healthway Corp Ltd) and another and other appeals [2021] 1 SLR 1337, a decision notable for the principles surrounding unlawful means conspiracy, and joint and several liability.
Joseph also heads the Firm’s arbitration practice. He has represented clients in arbitrations seated in several jurisdictions employing the rules of various arbitral institutions including the ICC, SIAC, AAA, HKIAC and JCAA. He has also represented clients in post-award enforcement proceedings in Singapore.
Besides the courts and arbitral tribunals, Joseph also regularly appears before quasi-judicial tribunals such as the Strata Titles Board, the Appeals Board for Land Acquisitions and the Income Tax Board of Review.
While Joseph’s practice covers a multitude of sectors, he has developed particular expertise in the fields of construction, oil and gas, commodities, international trade, banking, and governmental institutions. In particular, Joseph has a “strong following among clients in China and Hong Kong” (Legal 500 2021) given his excellent grasp of Mandarin and a keen understanding of Chinese business culture. He regularly acts for numerous state-owned enterprises and blue-chip companies listed in China and Hong Kong.
Outside of the law, Joseph has served as an independent director with a publicly listed company and on the Disciplinary Panel of the Council for Estate Agencies, the Law Society of Singapore, as well as the Singapore Dental Association.
Case Highlights
Commercial Litigation
- Represented an oil trading company in several interpleader claims arising out of the collapse of the Hin Leong group of companies
- Represented an Australian wool manufacturer in a dispute with its financier over the grant of facilities
- Represented a jeweller in disputes with its joint venture partners involving claims in excess of US$60 million
- Represented the CEO of a company in claims for breach of fiduciary duty arising out of transactions in excess of US$600 million
- Represented a telecommunications company in proceedings in the SICC involving PRC and Iranian entities
- Represented a major ride hailing company in claims against ex-employees for breach of employee duties
- Represented a statutory board in defence of a claim for negligence leading to wrongful death
International Arbitration
- Represented an insurer to seek leave under the Arbitration Act to appeal a question of law arising out of a final award that decided the construction of terms in an insurance policy
- Successfully defended a setting aside application brought against a final award which dealt with a novel question of law concerning the interpretation of a statutory contract
- Represented an international oil trading company in an arbitration where claims were brought against an oil storage company for misrepresentation and conspiracy
- Represented a franchisee in several arbitrations governed by the ICDR and AAA rules involving claims against the master franchisor for breach of the franchise agreements
- Represented a PRC car manufacturer in an arbitration involving claims by its Thai assembler
- Represented a Myanmar company in an arbitration involving claims for minority oppression and breach of contract by its Singapore joint venture partner
- Represented a PRC telecommunications company in an ICC arbitration against a software company for alleged breaches of a software licensing agreement
- Successfully set aside the award of an arbitrator rendered under the AAA rules for breach of natural justice
- Represented a franchisee in an application to set aside an award rendered by an arbitrator under the ICDR rules
- Successfully obtained a stay of Court proceedings in favour of an international arbitration involving a hemp-producing company
- Successfully obtained an injunction against an arbitrator from proceeding with an arbitration in breach of a standstill agreement between the parties
Construction
- Acting for an insurer in arbitration proceedings concerning a flyover collapse which led to a construction worker’s death.
- Represented a PRC contractor in an arbitration with its main contractor concerning MRT station construction works
- Represented a main contractor in its dispute with a hospital owner for alleged defective works
- Represented a main contractor in its dispute with a building owner for retrofitting works to a conservation building
- Represented a listed company main contractor in an international arbitration with the employer for school campus works in Malaysia
- Represented a main contractor in an arbitration with the developer of a condominium project involving claims of conspiracy and wrongful termination
- Represented a main contractor in claims brought in Court against project consultants for conspiracy and professional negligence
- Represented an architectural firm in defence of claims brought against it for conspiracy and professional negligence
- Represented a REIT in an arbitration brought by its main contractor in respect of an industrial development
- Acted for the developer of luxury waterfront villas in a claim for over S$1.8 million in damages for defects affecting a bungalow worth S$14.32 million; a notable decision concerning the survival of a common law right to claim damages for defects. Sandy Island Pte Ltd v Thio Keng Thay [2020] 2 SLR 1089.
- Acted for the main contractor of a condominium project against the developer for wrongful termination and call on a performance bond for the full sum of the contract – a decision notable for the principles relating to the use of Calderbank letters. CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81
- Acted for the main contractor of a commercial building development against a subcontractor in challenging an adjudication application under the Building and Construction Industry Security of Payment Act. Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd [2019] SGHC 139
- Acted for the builder of an industrial building development in a dispute with its sub-contractor over wrongful termination and liquidated damages. CAA Technologies Pte Ltd v Newcon Builders Pte Ltd [2016] SGHC 246
- Acted for a main contractor in a setting aside application relating to the Security of Payment Act – a decision notable for the Court’s interpretation of the provisions of the Act. LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd [2015] 1 SLR 648
- Acted for two doctors against a S$30 million claim for breach of contract of a share purchase agreement and for fraudulent misrepresentation. Wang Xiaopu v Goh Seng Heng and another [2019] SGHC 284
Insurance
- Acted for an insurance company against an insured car rental business in a claim for S$500,000; a decision notable for the principles surrounding contractual interpretation. MS First Capital Insurance Ltd v Smart Automobile Pte Ltd [2020] SGHC 256
- Represented an insurer in an arbitration arising out of disputes over policy coverage for COVID-19 related disruption claims
- Represented an insurer in an arbitration concerning disputes over policy coverage under a credit insurance policy
- Instructed by an insurer to defend a law firm against professional negligence claims
- Represented an insurer in a subrogated claim against a signalling contractor for defects leading to a train collision
- Instructed by an insurer to defend a lawyer and law firm against claims by multiple parties for alleged breach of escrow agreements
- Represented an insurer in defence to claims by the insured in respect of an explosion in a gas tank facility
- Represented an insurer in defence of claims by the contractor insured for coverage in respect of land reclamation works
- Represented an insurer in a subrogated claim for property damage done to vehicles parked in a bonded area
Property and Real Estate
- Acted for the purchaser of two units of a commercial building development against the developer to exercise a contractual right to terminate the contract and secure a refund; a decision notable for the Court’s interpretation of Section 49 of the 2002 Arbitration Act. Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd and another matter [2021] 2 SLR 782
- Acted for the General Manager of a Country Club against the President of the club against an action in conspiracy to injury by defamation and negligence. Terrence Fernandez v Lim Shao Ying Genevieve and another [2020] SGHC 278
- Acted for an MCST in a claim for encroachment against the commercial units; a decision notable for its affirmation of the MCST’s authority to govern and considerations for the grant of an injunction to enforce by-laws. The Management Corporation Strata Title Plan No. 3405 v Raffles Place Bistro Pte Ltd [2016] SGDC 247
Employment
- Acted for a contact lens manufacturer in a claim against ex-employees for breach of confidentiality and theft of trade secrets – a decision notable for the principles relating to equitable compensation and trade secrets. Clearlab SG Pte Ltd v Ting Chong Chai and others [2014] SGHC 221; Clearlab SG Pte Ltd v Ma Zhi and another [2016] SGCA 31
- Represented a major ride-hailing company in claims against an ex-employee for breach of employee duties and successfully applied for a search order against the errant employee.
Trusts
- Acted for the Singapore Tourism Board in a claim for the return of sponsorship funds extended to concert organisers – a landmark decision concerning principles governing the piercing of the corporate veil and Quistclose trusts. Singapore Tourism Board v Children’s Media Ltd and others [2010] SGHC 334
- Represented a beneficiary under a will in its claim to set aside a will on grounds of lack of testamentary capacity
- Represented the beneficiary under an incomplete will in a claim against the trustees
Restructuring and Insolvency
- Acted for the directors in a claim for breach of director’s duties in the context of a restructuring. Parakou Investment Holdings Pte Ltd and another v Parakou Shipping Pte Ltd (in liquidation) and other appeals [2018] SGCA 3
- Successfully applied for Epicenter Holdings to be placed under judicial management
- Acted for a creditor in respect of an application for directions by the liquidators concerning the enforceability of post-judicial management assigned debts in the context of set-offs
Wills and Probate
- Acted for the beneficiary of a testamentary estate worth over S$10 million in a claim for revocation of the grant of probate; a decision notable for the principles relating to testamentary capacity and undue influence. UWF and another v UWH and another [2021] 4 SLR 314
Private Equity and Investments
- Acted for a co-founder and substantial shareholder of a Singapore-incorporated company listed on the SGX’s Catalist board against the company and its parent company in a claim for S$4.5 million; a decision notable for the principles surrounding unlawful means conspiracy, and joint and several liability. Crest Capital Asia Pte Ltd and others v OUE Lippo Healthcare Ltd (formerly known as International Healthway Corp Ltd) and another and other appeals [2021] 1 SLR 1337
- Acted against the four organizers of a Ponzi scheme; a decision notable for the applicable principles surrounding whether a lawyer or law firm should be restrained from acting for a plaintiff against the same counterparty in a previous set of proceedings resolved through a settlement or mediation. LVM Law Chambers LLC v Wan Hoe Keet and another and another matter [2020] 1 SLR 1083
- Acted for a doctor against a Seychelles-incorporated investment vehicle and its director-shareholder in a claim surrounding the sale of over $14 million worth of shares – a landmark decision affirming the purpose of pleadings as ensuring that each party is aware of the respective arguments against them and that no party is taken by surprise. Liberty Sky Investments Ltd v Aesthetic Medical Partners Pte Ltd and other appeals and another matter [2020] 1 SLR 606
- Acted for a Hong Kong investor in a claim for S$7.4 million against four organizers of an investment scheme, and sought a Mareva injunction to freeze S$ 13.1 million of their assets. Chan Pik Sun v Wan Hoe Keet and others [2020] SGHC 137
Appointments
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
- Disciplinary Panel, Council for Estate Agents
- Disciplinary Panel, Singapore Dental Council
- Disciplinary Panel, Law Society of Singapore
Accolades
- 40 most influential lawyers in Singapore Aged 40 and Under by the Singapore Business Review in 2015.
- Next Generation Partner for Dispute Resolution by Legal 500 – 2021 and 2022
- Litigation Star for Construction by Benchmark Litigation – 2022