Mohd Haireez

Selection of reported judgments

• Swire Shipping Pte Ltd v Ace Exim Pte Ltd [2024] 5 SLR 706 – Haireez was part of the team instructed to set aside an Award which the Judge described having “sailed close to the wind”.
• ReOcean Tankers (Pte) Ltd (in liquidation) [2023] SGHC 330 – A case involving the question of whether a creditor can assert or rely on legal, independent or insolvency set-off for claims that were assigned to that creditor after the company has been placed on judicial management.
• CYE vCYF [2023] SGHC 275 – an application to set aside a SIAC Award under the Arbitration Act that involved a dispute between a company engaged in the business of energy trading and a company that was in the business of commercial storage of petroleum products.
• Bagadiya Brothers (Singapore) Pte Ltd v Ghanashyam Misra & Sons Pte Ltd [2023] 4 SLR 984 – Haireez was the instructed lead counsel to resist an application to set aside an Award under the International Arbitration Act, arising from two contracts for the sale and purchase of iron ore fines.
• United Petroleum Trading Ltd v Trafigura Pte Ltd [2012] 2 SLR 1232 – Haireez was part of the team which successfully struck out two claims premised on an alleged failure of consideration on the basis that they were time-barred.
• Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro SAPI de CV and others [2020] 1 SLR 226 – This is a landmark Court of Appeal decision on conflict of laws, interim injunctions, directors’ duties and shareholders’ obligations.
• Kong Hoo (Pte Ltd) and another v Public Prosecutor [2019] 1 SLR 1131 – Haireez was part of the team successfully acting for the accused in the Court of Appeal. The issue related to the time as to whether a valuable shipment of Madagascan rosewood was in transit or had been imported into Singapore within the meaning the Endangered Species (Import and Export) Act.
• EFT Holdings, Inc and another v Marinteknik Shipbuilders (S) Pte Ltd and another [2014] 1 SLR 860 – Haireez was involved in the litigation leading to the leading Singapore authority on unlawful means conspiracy.

Litigation

• Successfully represented a leading Singapore shipyard to arrest a vessel under the Rules of Court 2021.
• Successfully represented a multi-national technology company in resisting claims brought by third parties in the Singapore High Court which were based on the fraudulent acts of an ex-employee.
• Acted for a local trading house in two separate litigations against two Banks in a dispute arising out various allegedly fraudulent representations contained in (i) the Warranty of Title and (ii) commercial invoices presented by the beneficiary under letters of credit. Total value paid under the letters of credit were approximately USD 85 million.
• Acted for a major trading house in a dispute against an issuing bank concerning 3 letters of credit issued for a total aggregate of USD 76 million in the context where the issuing bank has notice of the beneficiary’s fraud after each of the letters of credit were negotiated by another bank but before reimbursing the negotiating bank.
• Successfully struck out the bulk of a claim made against a major trading house on a preliminary basis before the Singapore High Court that subsequently led to the Plaintiff discontinuing its action for the remaining sum.
• Successfully restrained the former sole shareholder and the former directors of various Singapore incorporated companies from commencing an insolvency action in Mexico in breach of the companies’ Constitutions.
• Lead Counsel to resist an application to set aside an arbitration award arising from the sale and purchase of coal.
• Lead Counsel in a dispute over sale and purchase of gasoil between two oil trading companies before the Singapore High Court. One of the issues that arose was whether a rogue employee had express or ostensible authority to negotiate and conclude a contract of sale on behalf of the Defendant.
• Lead Counsel in successfully applying for an urgent injunction to restrain payment under a letter of credit against presentation of a fraudulently back-dated bill of lading before the Singapore High Court.
• Lead Counsel in successfully restraining a beneficiary from obtaining payment under a counter guarantee issued by a Singapore bank on the basis that (I) the demand was non-compliant with URDG 758 and (ii) of the beneficiary’s unconscionable conduct.
• Lead Counsel representing a private equity fund that carries on the business of investment and financing activities in a dispute against its borrower and its directors arising out of a trade financing agreement for the purchase of coffee.
• Lead Counsel in a dispute that arose in the context of an alleged bribery and corrupt commission payment scheme relating to the sale of phosphate rock.
• Lead Counsel in successfully resisting a bank’s application to place a yard under judicial management.
• Instructed Counsel in a dispute between a head-owner and a sub-charterer down the chain regarding a lien for sub-freights before the Singapore High Court.

International Arbitration

• Lead Counsel representing an Indian entity as claimant in a successful arbitration arising out of the sale and purchase of iron ore pellets under the SIAC Rules.
• Lead Counsel for the Claimant in a dispute under the SIAC Rules before a sole arbitrator in December 2023. Successfully advanced the claim and dismissed the counterclaim in entirety on the basis that the contracts that the counterclaim hinges on, were fabricated and fictitious.
• Appeared as counsel in a Tribunal of three in London in a consolidated arbitration under the LMAA Rules relating to a dispute on the quality of Indonesian coking coal for a claim in excess of USD 10 million.
• Appeared as counsel in a Tribunal in Delhi in an arbitration under the rules of international commercial arbitration of the Indian Council of Arbitration arising out of an international sale and purchase contract with a claim value in excess of USD 7 million.
• Appeared as counsel in a Tribunal constituted under the ICC Rules relating to a dispute over a cargo of Wire Rod Coils and Rebars.
• Successfully struck out the bulk of an alleged claim pursued by the buyer of an Offshore Semi-Submersible Drilling Unit at an early stage of the arbitration pursuant to an application for certain preliminary issues of law to be determined.
• Acted in disputes which saw the commencement of 5 London-seated arbitrations between common parties, concerning claims and counterclaims relating to demurrage, damage and loss to cargo.
• Lead counsel in a dispute under LMAA 2017 terms arising out of the delivery of Indonesian steam coal without the production of the bills of lading.
• Lead Counsel in a dispute over quality of a cargo of urea shipped from Qingdao for discharge at Lagos under the SIAC Rules.
• Lead Counsel in a dispute arising out of a manning agreement that is subject to the SIAC Rules.
• Lead Counsel before an Emergency Arbitrator in a successful application to obtain an injunction to prohibit the counterparty from selling or disposing iron ore extracted from a particular concession area in India.