Rajah & Tann

The Singaporean firm expanded in Vietnam and Bangkok and represented Indonesia at ICSID

Rajah & Tann is one of Singapore’s leading full-service firms, founded in 1955. The roots of the international arbitration practice go back to 1999, when Sundaresh Menon (who went on to become Singapore’s attorney general and later chief justice) and Chong Yee Leong worked on a case in Bangkok. Other cases swiftly followed and the pair worked in Hong Kong, Thailand, Indonesia, India, Malaysia and Sri Lanka over the next four years.

In 2003, the entire group moved laterally to Jones Day, with Menon taking the role of head of international arbitration for Asia. However, the prodigal lawyers returned between 2006 and 2007, equipped with new international know-how and experience of arbitrations in London, Paris and Geneva. It was at this point that Rajah & Tann created a stand-alone arbitration practice, led by Chong Yee Leong.

The bad memories returned in 2013 as Chong and four other partners left to join rival Singaporean firm Allen & Gledhill.

But the firm moved swiftly to fill the space, appointing Andre Yeap SC to take Chong’s place as practice head and promoting several younger members to the partnership.

Rajah & Tann reckons it still has the largest stand-alone arbitration practice of any firm in Singapore, with 27 lawyers dedicated to the area. In recent years, it has expanded and grown in prominence, thanks in no small part to the Singaporean government’s drive to make the city-state an arbitration hub for the region.

It says it regards its main competitors for high-end and complex arbitration work not as other Singapore firms, but international firms in the United Kingdom and United States.

Network

Apart from Singapore, the firm has offices in Bangkok, Kuala Lumpur, Shanghai and Vientiane.

In 2014, it entered into a tie-up with Vietnamese LCT Lawyers, with offices in Ho Chi Minh, Hanoi and Da Nang. It also has affiliations with firms in Indonesia and Cambodia, and UAE-based Al Tamimi & Company. Its Malaysian associate firm was involved in a merger with two others this year to create a full-service law firm, Christopher & Lee Ong.

Internally, it is building specialist groups focusing on other Asian jurisdictions, including Myanmar.

Who uses it?

The firm advises clients in the energy, chemical, and construction and engineering sectors, such as Malakoff, the largest independent power producer in Malaysia; Petronas Chemicals Group; Korea’s GS Engineering and Construction and Samsung C&T; and Australia’s Thiess.

It also has metals and mining clients such as Sumitomo, Bhushan Power & Steel and Global Steel Philippines.

In the telecoms sector it has advised AT&T, and other well-known clients are Kempinski Hotels, Singapore Airlines and Air Asia.

Government clients include Laos, which it represented in a mining dispute as co-counsel with Jones Day Indonesia, and Kazakhstan.

Track record

In 2012, Rajah & Tann secured a significant SIAC award against the Philippine National Bank and several other Philippine financial institutions, on behalf of companies owned by Indian steel magnate Pramod Mittal. The award was set aside by the Singapore High Court in 2014 but an appeal is pending.

The firm has also brought in wins for a Thai public company in arbitration with Singapore and Indonesian entities over breaches of financing and coal supply agreements; and a Cayman Islands fund in a dispute over a joint venture with an Indonesian oil group to take on Libyan oil concessions.

In addition, it has had successes in interim relief and enforcement proceedings before the courts.

It was behind what is said to have been the largest claim emanating from Vietnam at the SIAC.

Recent events

The firm is helping Indonesia in ICSID annulment proceedings brought by UK banking investor Rafat Ali Rizvi. The applicant seeks to overturn an award that tossed out his treaty claim against the state.

The firm expanded its Vietnam offering through the tie-up with LCT and recruited partners Surasak Vajasit and Pakpoom Suntornvipat in Bangkok. They were among 14 partners who joined from Hunton & Williams.

It also welcomed new partners Jonathan Yuen, from Harry Elias Partnership, and Vikram Nair from Norton Rose Fulbright – both in Singapore. Avinash Pradhan was made partner in January after five years at the firm.

Client comment

Australian engineering company Thiess retained Rajah & Tann for a dispute valued at half of its entire group’s profit for the year. Associate general counsel Philip Woods says: “Rajah & Tann’s attention to detail is second to none. They are thorough, but not in the client’s face like other firms. They do it with tact, which is important when dealing with witnesses whose future depends upon the outcome of the case.”

He adds: “While our opponents were seemingly in a constant state of surprise and panic, our team was calm and strong. We were well-prepared and well and truly in control.”

Mark Jaffe, general attorney at US telecoms company AT&T, which retained the firm for a mid-level dispute, says the firm “were extremely organised, drafted wonderful pleadings, and presented our case in a very persuasive manner”. This showed in cross-examination: “Rajah & Tann was much better than the other side. Our witnesses were better prepared. The [Rajah & Tann] partner did the key cross-examinations and was very good at revealing weaknesses in their testimony.”