Shaun Lee, FCIArb

Independent Counsel, Nusa Chambers

Shaun is a dual-qualified international disputes and regulatory lawyer focusing on complex, cross-border commercial, regulatory and intellectual property matters in the technology, media and telecommunications space. His practice spans international arbitration, commercial litigation, fraud and asset tracing, restructuring and insolvency, and financial/regulatory investigations. He regularly acts for multinational corporations, financial institutions, state-linked entities and government regulators across Asia-Pacific, Europe and North America.

Shaun is uniquely placed to provide advice that goes beyond the narrow scope of the dispute and which addresses the significant regulatory and compliance exposure that clients might face; he is able to draw from his significant experience with cross-border restructuring and insolvency exercises, compliance and investigatory exercises involving various foreign anti-corruption legislation, as well as his extensive experience on contentious and non-contentious employment matters.

Shaun has an advocacy-focused practice and has been the go-to instructed counsel for global as well as local law firms for matters before the Singapore courts and in arbitration.

Contributed to

2

State immunity and arbitration in Singapore

Practice Notes

This Practice Note introduces the concept of state immunity and the act of state doctrine. It sets out the policy of restrictive immunity in Singapore under the State immunity Act (Cap 313), including the decision in Maldives Airports. The note covers the availability of injunctions against states and state entities. The note also covers the issue of crown immunity, being the immunity of the Singapore government before the Singapore courts. The note also raises the issue of protections available under bilateral and multilateral investment treaties (BITs and MITs).

Arbitration

Stay of proceedings in favour of arbitration in Singapore

Practice Notes

This Practice Note sets out the availability of a stay of litigation or court proceedings pending the outcome of an arbitration under the dual arbitration regime of the Singapore Arbitration Act (Cap 10) and the Singapore International Arbitration Act (Cap 143A). It covers the extent of judicial intervention and the test applied by the court in assessing whether the arbitration agreement is null and void. The Practice Note covers asymmetric or unilateral arbitration clauses, multi-tier dispute resolution clauses, the standard of review that a court applies in determining whether or not a stay of proceedings should be granted in favour of arbitration and the court’s power to order a conditional stay and the inherent jurisdiction of the Singapore courts to stay their own proceedings. An associated procedure discussed in the Practice Note is the restraining of winding-up proceedings in favour of arbitration. It also covers the non-arbitrability of certain claims, including in relation to insolvency, and the availability of indemnity costs for breach of the arbitration agreement under Singapore law. This topic may be referred to as applying or applications to court in Singapore to stay proceedings in favour of arbitration.

Arbitration

Practice Area

Arbitration

Panel

Contributing Author

Qualified Year

2009 (Singapore); 2018 (England and Wales)

Experience

Bird & Bird ATMD LLP (Counsel & Partner) (2018 - 2025)
Simmons & Simmons JWS (2015 - 2018)
Duane Morris & Selvam (2015 - 2015)
Olswang (now CMS Narbarro Olswang) (2012 - 2015)
Stamford Law Corporation (now Morgan Lewis Stamford) (2011 - 2012)
Baker & MacKenzie.Wong & Leow (2009 - 2011)
Chambers of Dr Michael Hwang SC (2008 - 2009)

Membership

Member, Law Society of Singapore
Fellow, Chartered Institute of Arbitrators
Member, Law Society of England and Wales
Specialist Mediator, Singapore International Mediation Centre
Arbitrator & Mediator, WIPO Neutrals
Member, SIAC Reserve Panel of Arbitrators
Panel Arbitrator & Domain Name Dispute Resolution Panelist, Asian International Arbitration Centre