Elaine Lim Associate Director, Dispute Resolution

LL.B. (Hons), National University of (2012) Admitted to the Singapore Bar (2013) T:+ 65 6531 2233 F: +65 6532 7149 E: [email protected]

ABOUT ELAINE Shipping & Trading Inc v Standard Chartered Bank (Singapore) Ltd [2018] Elaine is actively engaged in a wide spectrum SGHC 4, upheld on appeal ). The case of domestic and cross-border litigation and involved complex issues of banking arbitration matters. A significant part of her practice, digital forensics, and the practice revolves around banking and applicability and effect of MAS financial, commercial and property disputes. regulations, guidelines and notices on a She regularly handles bank-customer bank’s duty of care to its customers. disputes, tenancy disputes, construction • Successfully represented ABN AMRO disputes, minority oppression disputes, claims Clearing Bank NV to obtain summary for breach of commercial agreements, and judgment for outstanding amounts under a tortious claims. credit facility ( ABN AMRO Clearing Bank Elaine also advises financial institutions on NV v 1050 Capital Pte Ltd [2016] 1 SLR regulatory matters and investigations. 186 ). The case involved allegations of wrongful liquidation of the customer’s Elaine’s clients include major financial securities. institutions such as Standard Chartered Bank, • OCBC, Bank of Singapore, Bank of China, Representing a Singapore company in UBS AG and ABN AMRO Bank N.V.. Elaine High Court proceedings against a foreign also acts for payment services companies, bank, involving letter of credit fraud and property developers, and public listed trade financing practice, in claims companies. exceeding US$65 million. • Elaine was placed on the Dean’s List in her Advising a major local bank in various first and final years in the National University claims against its insurers arising from of Singapore. letter of credit and trade financing fraud. The total value of potential claims is in the Prior to joining Drew & Napier in 2015, Elaine sum of approximately US$380 million. was an associate in the chambers of a • renowned arbitrator, Dr Michael Hwang S.C., Representing a bank customer in High assisting him in the administration and Court proceedings against a major local conduct of complex international commercial bank for misrepresentation and mis-selling arbitrations and investment arbitrations. of bonds, and breaches of the bank’s duty to monitor the customer’s investment Elaine currently also serves on the Panel of portfolio. Assessors for COVID-19 Temporary Relief. • Represented a bank to make EXPERIENCE representations in relation to a document production order issued by a regulatory Some of the matters in which Elaine has acted authority against the bank. include the following: • Advised a bank on potential civil liability Banking and Finance Disputes arising from various regulatory breaches, • Successfully defended Standard including breaches of anti-money Chartered Bank (Singapore) Ltd in the laundering regulations. High Court and the Court of Appeal, • Advised a bank on seizure orders issued against claims for breach of its duties to by a regulatory authority against bank the customer in executing allegedly accounts. fraudulent remittance instructions ( Major

• Advised a bank on customer complaints in accounting standards, derivatives respect of credit facilities extended for the valuation and Swiss insolvency law. purpose of purchasing securities. The • Instructing counsel for a property complaints included mis-selling. developer in a claim in the Malaysian • Advised banks on a myriad of issues, courts involving allegations of wrongful including but not limited to (i) competing termination of a settlement agreement, claims on assets in joint bank accounts; invalid call on a guarantee, breach of (ii) enforcement of securities; (iii) banking contract and conspiracy. secrecy, (iv) impact of foreign bankruptcy • Representing an individual pro bono in a and liquidation proceedings, and Mareva personal injury claim against an e-scooter injunctions, on the operation of bank rider before the State Courts. This is the accounts. first personal injury claim brought in the • Advised various businesses on the Singapore courts arising from e-scooter Payment Services Act 2019. accidents.

Commercial and General Disputes • Advised a major payment services company on disputes with a business • Successfully defended a major payment partner arising out of wrongful use of trade services company against claims by marks. multiple users in relation to alleged wrongful withdrawal of monies from their • Advised a US private equity firm on account. Elaine argued a number of disputes with its business partner in interlocutory applications, including relation to various misrepresentations applications for unless orders, and which induced the conclusion of a share succeeded in striking out the claims for sale and purchase agreement. the defendants’ failure to comply with • Advised a foreign bank on claims under discovery obligations. an agreement for the provision of • Successfully defended MWA Capital Pte. exclusive financial advisory services for Ltd. against a challenge, under section 23 the acquisition of a business. of the Moneylenders Act, to the interest Property and Construction Disputes rates it charged under a loan ( Evan Lim Industrial/Warehousing Development • Represented a subcontractor and the Pte Ltd v MWA Capital Pte Ltd and guarantor of its debts to defend payment another [2019] 1 SLR 191 ). This was the claims by a main contractor in the High first occasion that the Court of Appeal Court. ruled on the construction of section 23. • Represented an employer to defend The case also involved novel issues of law, such as whether the creditors of the payment claim by a main contractor in borrower were entitled to challenge the arbitration proceedings. liquidator’s decision to uphold the loan • Representing the purchaser of an under section 23. industrial property in High Court proceedings against the seller, for claims • Defended a shareholder against a claim for minority oppression. The case involved for shortfall in the floor area of the allegations such as failure to account for property and unauthorised additions and trust property, conversion of company alterations to the property. property, obtaining unauthorised loans • Successfully resisted garnishee from the company, and diversion of proceedings for a leading international business opportunities from the company. property and infrastructure company. The case involved the novel issue of whether • Instructing counsel for a bank in a claim in the English courts for breach of warranty retention monies are capable of being in an agreement for the sale and purchase attached under a garnishee order. Elaine of a US$1.4bn business. The case argued the matter in the High Court. involved complex issues of Singapore • Advised a major public listed property developer on claims by a MCST.

• Represented a major public listed property developer in various tenancy disputes. Arbitrations

• Represented an Indonesian national in a SIAC arbitration against an Indian MNC, involving coal mining concessions in Indonesia. The quantum of the dispute is in excess of US$350 million. The case involved highly technical issues of Indonesian mining law, coal exploration and mining, and quantification of damages for loss of profits.

• Represented a Singapore subsidiary of a public listed company, in two SIAC arbitrations regarding back-to-back sale of goods contracts. The case involved allegations of fraud in relation to certain international trade documents, and expert evidence on customs laws.

• Represented a Vietnamese national in an SIAC arbitration involving a claim for breach of a share sale and purchase agreement. The case involved issues of Vietnamese law. The matter was resolved favourably. PUBLICATIONS

• Assisted in drafting the chapter on Defamation in Singapore Precedent of Pleadings (Sweet & Maxwell, 2015).

• Assisted in drafting the chapter on Costs in Civil Litigation in Singapore (Sweet & Maxwell, 2016).

• Assisted in the publication of Selected Essays on International Arbitration (2013) by Dr Michael Hwang S.C. MEMBERSHIPS

• Member,

• Member,

• Member, Criminal Legal Aid Scheme

• Assessor, Panel of Assessors for COVID- 19 Temporary Relief