Cavinder Bull, SC Chief Executive Officer

B.A. (Hons), Oxford University (UK, 1992) M.A. Oxford University (UK, 2001) LL.M., (USA, 1996) Barrister of England & Wales (1993) Advocate & Solicitor of the Supreme Court of (1994) Attorney-at-Law of the state of New York (1996) Appointed Senior Counsel (2008) T: +65 6531 2416 F: +65 6533 3591 E: [email protected]

ABOUT CAVINDER associate. In 1995, he was awarded the Scholarship and left for Harvard Cavinder is the Chief Executive Officer of Law School where he received an LL.M. He Drew & Napier. He has over 25 years of passed the New York Bar exams and was experience in complex litigation and admitted to practice in New York. Cavinder international arbitration. He is engaged in trial practiced as a litigation associate with Sullivan and appellate advocacy at all levels of the & Cromwell in New York until late 1997 when Singapore Courts and appears as counsel in he returned to Singapore and Drew & Napier. international arbitration in various countries. He was made a partner of Drew & Napier in He is also co-head of the Competition Law & 1998 and a Director of the firm in May 2002. Regulatory Practice. He was appointed Senior Counsel by the Cavinder has acted as counsel in both Chief Justice of Singapore in 2008, one of a commercial and investor-state cases; and has handful to have been accorded the honour experience acting for States and investors. He before the age of 40. has also sat as an arbitrator in investor-state Cavinder graduated with First Class Honours arbitrations under the auspices of ICSID, in law from Oxford University in 1992, winning NAFTA, the Permanent Court of Arbitration the Bellot Prize for Public International Law (PCA), International Court of Arbitration (ICC), from Trinity College. He was called to the Bar Singapore International Arbitration Centre of England & Wales the following year, placing (SIAC), and London Court of International fourth in the Bar examinations. He returned to Arbitration (LCIA). Singapore and passed the Singapore Bar Cavinder is on the Governing Board of the exams, winning two prizes, including the prize International Council for Commercial for top candidates. Arbitration (ICCA), on the World Bank Sanctions Board, and on the Advisory Board EXPERIENCE of the AFSA International Arbitration Rules Some representative cases are set out below: Drafting Committee. He is Vice-President of the Court of Arbitration of the Singapore Investor-State arbitrations International Arbitration Centre, Vice-President of the Asia Pacific Regional • City-State NV, Praktyka Asset Arbitration Group, and the Co-Chairman of the Management Company LLC, Crystal-Invest Singapore Stock Exchange’s Disciplinary LLC and Prodiz LLC v Ukraine (ICSID Committee. He is also a member of the Case No. ARB/14/9): Appointed President Securities Industries Council. Cavinder was a of the Tribunal in respect of a claim against recent member on the inaugural Disciplinary Ukraine brought by Dutch entity City-State Tribunal of the International Association of N.V. and other banking investors under the Athletics Federations (IAAF). Netherlands-Ukraine BIT, which concerned the Dutch entity’s deposits in Ukrainian Cavinder worked for the Chief Justice of bank PJSC Kreditprombank. Singapore as a Justices' Law Clerk before joining Drew & Napier in 1994 as a litigation

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• Tennant Energy v Canada (PCA Case No • Karkey Karadeniz Elektrik Uretim A.S. v 2018-54): Appointed President of a Islamic Republic of Pakistan (ICSID Case Tribunal constituted under the auspices of No. ARB/13/1) : Appointed as a member of the North American Free Trade Agreement the Annulment Committee. (NAFTA). The claim was brought by a US • corporation concerning its alleged Dan Cake (Portugal) SA v Hungary (ICSID investment in Skyway 127, an enterprise Case No. ARB/12/9): Appointed President that proposed to develop a wind farm in of the Annulment Committee. Ontario. It was alleged, amongst other • Cortex Mining and Stirling Capital Limited v things, that Ontario’s administration of the Kenya (ICSID Case No. ARB/15/29): Feed-In Tariff program was non- Appointed as a member of the Annulment transparent and opaque, and that Committee. government records documenting the • alleged unfair energy regulatory measures Infrastructure Services Luxembourg S.à.r.l. were intentionally destroyed. and Energia Termosolar B.V. v. Kingdom of Spain (ICSID Case No. ARB/13/31): • Rizzani de Eccher SpA, Obrascón Huarte Appointed President of the Annulment Lain SA and Trevi SpA v State of Committee. Kuwait (ICSID Case No. ARB/17/8): • Appointed President of the Tribunal in the Marko Mihaljevic v The Republic of Croatia first ICSID claim against Kuwait brought by (ICSID Case No. ARB/19/35): Appointed an Italian-Spanish consortium under President of the Tribunal. Kuwait’s bilateral treaties with Italy and • SolEs Badajoz GmbH v. Kingdom of Spain Spain, which concerned a billion-dollar (ICSID Case No. ARB/15/38): Appointed project to upgrade a major highway in President of the Annulment Committee. Kuwait.

• Agility Public Warehousing Company KSC v Republic of Iraq (ICSID Case No. International Arbitration ARB/17/7): Appointed as President of the Tribunal in the first ICSID claim against the Republic of Iraq. The claim relates to an • Sharp v Hisense alleged investment in the Acted as lead counsel for Sharp Corporation telecommunications section in Iraq by a in an international arbitration relating to a Kuwaiti company. US$3 billion contractual relationship relating to the sale of Sharp televisions in various • ConocoPhillips UK, Perenco UK and territories. The dispute involved emergency others v Vietnam (PCA Case No. 2018-5) : arbitrator proceedings and related Court Appointed President of the Tribunal for a litigation in multiple jurisdictions. This case claim under the UK-Vietnam BIT in respect was reported in Global Arbitration Review of whether capital gains tax was payable and in various media publications in the following the sale of ConocoPhillips UK’s United States. operations in Vietnam to Perenco UK. The operations in question were held by UK • Billion-dollar Indian Premier League subsidiaries of ConocoPhillips UK and dispute included significant interests in two Acted for an international sports marketing offshore oil blocks and in the Nam Com and media right management group in three Son pipeline. separate arbitrations arising from • Richard N. Westbury, Paul D. Hinks and broadcasting and media rights to the Indian Symbion Power Tanzania Limited v United Premier League, a major cricket event. The Republic of Tanzania (ICSID Case No. agreements involved in the arbitrations were ARB/19/17) : Appointed President of the worth over US$1.2 billion. The dispute also Tribunal in respect of a claim against involved multiple legal proceedings in India, Tanzania brought under the Tanzania- USA, UK and in Singapore, and required United Kingdom BIT. intensive work with various foreign counsel in those jurisdictions.

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• Billion dollar mining arbitration • Largest trust case in Singapore with disputed assets worth up to US$800 Acted for a major Australian mining million corporation in arbitration against a major Successfully acted for members of the De global engineering and construction La Sala family in the largest trust case ever company relating to a multi-billion dollar heard in Singapore, involving disputed mining, rail and port project in Australia. The assets estimated to be worth between quantum of damages sought in this case US$600 and US$800 million. The High was about one billion dollars. Court’s judgment was a landmark decision setting out guidance on what constitutes Cavinder has also acted as counsel in Court impermissible witness coaching, an issue hearings relating to investor-state arbitration. that arose during the trial pursuant to For example: Cavinder’s cross-examination of several key

witnesses. • Republic of India v Vedanta Resources PLC: Acting as counsel to the Republic of • Represented Takashimaya subsidiary in India in its application before the Singapore a $33 million dispute with REIT Courts concerning the applicability of the Represented a subsidiary of the Japanese common law rule of confidentiality in Takashimaya conglomerate in a dispute Singapore to investor-state arbitrations. over its contract with its REIT landlord. The dispute concerns issues of commercial • Sanum Investments Limited v The propriety in contract law and concerns one Government of the Lao People’s Democratic of the most iconic shopping and commercial Republic and Lao Holdings NV v The properties in Singapore. Cavinder acted Government of the Lao People’s Democratic both in the first instance hearing before the Republic: Acting as counsel to the High Court as well as in the appeal before Government of Laos in setting aside the Court of Appeal. jurisdictional award and subsequently • Private Banking Disputes resisting applications to set aside PCA and Cavinder has acted for various international ICSID awards made under the PRC-Laos banks including representing UBS AG in a and Netherlands-Laos bilateral investment multi-million dollar dispute where two treaties, respectively. customers sued UBS for negligent advice

and various other allegations surrounding Litigation the losses suffered by a US$60 million Cavinder is also experienced in handling a investment portfolio in the aftermath of the wide range of complex litigation matters global financial crisis in 2008. Under cross- including corporate disputes, fraud, examination, the investors admitted insolvency, private equity disputes, and numerous falsehoods and ultimately antitrust. withdrew their defence and counterclaim. The case had extensive media coverage. • First actions for civil penalties under the Securities and Futures Act • Landmark decision in PT Perusahaan Represented Singapore’s central bank, the Gas Negara Persero TBK v. CRW Joint Monetary Authority of Singapore, in two Operation (Indonesia) actions for breaches of the Securities and Obtained a landmark decision from the Futures Act (SFA). The first action was for Singapore Court of Appeal on the market manipulation while the second interpretation of the FIDIC contracts which concerned insider trading. These were the are widely used internationally in the first two civil penalty cases brought by the construction industry. Previous lawyers for central bank and it was the first time the the client, CRW Joint Operation (Indonesia), central bank had instructed external counsel had earlier sought to enforce an interim to appear for it in Court. Cavinder was arbitral award issued by an adjudicator but successful in both trials as well as in both this was refused by the Singapore Courts the subsequent appeals. The Court of and the Court of Appeal. A new interim Appeal’s judgments in both cases are award was issued and the new legal team considered landmark decisions. led by Cavinder persuaded the Singapore

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Courts that the correct interpretation of the Chambers Asia-Pacific and Chambers FIDIC provisions required the enforcement Global (Dispute Resolution: Litigation ) of the interim awards. This case has been the subject of many articles in legal journals Singapore 2020 – Band 1 for 10 consecutive and commentaries as it deals with the years common practice of interim payments in ‘A pre-eminent dispute resolution practitioner international construction projects and the with a long and successful track record. One commonly used FIDIC form of contracts. client says he “knows exactly where he is This decision of the Singapore Court of going and gets there," while another notes he Appeal was runner-up in Global Arbitration is "far-sighted and has got a very good mind.”’ Review (GAR)’s “Most important published – Chambers APAC 2020 decision of the past year” award, handed ‘ability to “see the issues quickly and beyond out at the GAR Awards 2016 ceremony on 2 simply locating the legal problem, look at it March 2016 in Shanghai. from the point of providing the solution to the organisation concerned.”’ – Chambers APAC 2019 ACCOLADES "He is a very rare talent in disputes." – Asian Legal Business Chambers APAC 2017 SE Asia Law Awards 2019 Dispute Resolution Lawyer of "excellent presence in court" and "unflappable the Year - Cavinder Bull, SC manner." - Chambers APAC 2017 Asialaw & Benchmark "excellent advocate" who "writes compelling Litigation Asia-Pacific Dispute Resolution briefs and makes superb oral presentations." Awards 2018 - Chambers APAC and Global 2017 Disputes Star of the Year, "he is an impressive personality, has very Singapore - Cavinder Bull, SC good presentational skills and is very convincing" – Chambers Global 2016 The Asia Pacific Legal 500 Dispute Resolution 2020 – [Cavinder] is not only "a great advocate" and Leading individual for 12 "terrific cross-examiner who can really perform consecutive years in court," but also a litigator who is "very much attuned to commercial considerations." – International Arbitration 2020 – Leading Chambers APAC 2015 individual for 8 consecutive years “Very well known in Singapore as a senior Antitrust and Competition 2020 – litigator.” – Chambers APAC 2015 Recommended lawyer for 4 consecutive years “Very calming presence – which is good for ‘Cavinder Bull SC’s advocacy is outstanding you, but can actually unnerve the opposition.” and he is quite simply in a league of his own.’ – Chambers APAC 2015 – Legal 500 APAC 2020 “A terrific cross-examiner who can really ‘Cavinder Bull SC is plugged into global perform in court.” – Chambers APAC 2015 networks and has invested in the international arbitration space.’ – Legal 500 APAC 2020 "Excellent when it comes to litigation matters: very sharp, very reliable and very 'a great advocate in arbitration-related court reassuring." – Chambers APAC 2014 proceedings', 'is smart, reasonable and fair', 'is a lethal examiner of witnesses' and 'makes "He is very polite with the judge but is ruthless a very good arbitrator' – Legal 500 APAC when it comes to examining the other side's 2019 argument." – Chambers APAC 2014 ‘fabulous lawyer’, ‘a big name’, a ‘very astute Chambers Asia-Pacific and Chambers lawyer on strategy and law’, ‘[his] experience Global (Dispute Resolution: Arbitration) is invaluable’ – Legal 500 APAC 2018 Singapore 2020 – Band 1 for 8 consecutive ‘top tier’, ‘very sharp and analytical’ – Legal years 500 APAC 2018

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Global-wide 2020: Arbitration (International) – "Clearly on an upward trajectory in his practice Debuted in Band 5; the only Singaporean in as an international arbitration specialist." – the rankings Chambers Global 2015 Cavinder Bull SC is highly sought after for his "He's formidable in arbitration - he really expertise in both commercial disputes and stands out." – Chambers APAC 2014 investment treaty arbitration. He adeptly “[He] enjoys a formidable reputation in advises sovereign states and private entities Asian arbitration circles and is respected in complex international proceedings, and is a across the region for his skilled handling of particularly respected figure within ASEAN sizeable disputes in such areas as and the Asia-Pacific region. Based in infrastructure and media.” – Chambers Global Singapore, he is regarded as “an excellent 2014 lawyer,” while another sources describes him as being “extremely knowledgeable and a "Establishing an extremely strong presence in very good advocate.” – Chambers Global the international arbitration field, and is widely 2020 recognised as a very serious operator" – Chambers APAC 2013 ‘Cavinder Bull SC is “one of Singapore’s best legal minds,” according to interviewees. The Asian Lawyer Emerging Markets Market sources say: “He is a very capable Awards 2015 lawyer and does standout work.” He is well Dispute Resolution Lawyer of the Year – versed in handling high-stakes commercial Cavinder Bull, SC and investment treaty arbitrations.’ – th Chambers APAC 2020 Global Arbitration Review 10 edition (2017) ‘a highly regarded advocate with a strong The Global Arbitration Review track record representing investors and sovereign states in commercial and says “Cavinder Bull is the best investment treaty arbitrations’ – Chambers known name internationally”. A client commented that he is APAC 2019 “one of the finest advocates, clear, “exceptionally bright and engaging and precise, and extraordinarily well prepared. His prepared to tailor advice to our specific needs, knowledge of the record and the law is rather than simply produce generic opinions." unsurpassed”. – Chambers APAC 2018 India Business Law Journal “he is very reassuring and gives great comfort to clients” – Chambers APAC 2018 In the India Business Law Journal (July 2017 issue), Cavinder is recommended as counsel "very commercial and savvy" – Chambers and received praise from a client, who said “I APAC 2018 would unhesitatingly recommend Cavinder Bull as counsel. His understanding and "World-class" - Chambers APAC and Global assessment of strategic, practical and legal 2017 issues is one of the best I have seen. Despite “His clientele is global now and the work he is his obviously very heavy schedule, he has doing gets bigger and bigger.” – Chambers been extremely responsive…and has given APAC 2016 significant thought and advice and various issues on an urgent basis.” "a great guy and a bona fide arbitration lawyer." – Chambers APAC 2016 Who’s Who Legal Identified as a Thought Leader for Arbitration "very clued in" and "a superb lawyer." – (2020 edition) for 4 consecutive years Chambers APAC 2016 Identified as a Thought Leader for Litigation "Even, very reassuring manner" and "brilliant (2020 edition) for 2 consecutive years ability to grasp business issues." – Chambers APAC 2015 Litigation 2019 – Recommended lawyer for 12 consecutive years “Thorough, smart, responsive and an international arbitration specialist.” – Arbitration 2020 – Recommended lawyer for 8 Chambers APAC 2015 consecutive years

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Telecommunications Media & Technology In one case, the High Court expressed its 2016 – Leading Lawyer thanks to Cavinder for his assistance in a protracted trial, describing him in the written Competition 2014 – Recommended lawyer for judgment as a 'persuasive advocate' who 'ably 3 consecutive years prosecuted a factually complex and somewhat Construction 2014 – Recommended lawyer emotively charged case with conspicuous fairness.' Global Investigations Review 100 (GIR 100) th 5 edition (2019) PUBLICATIONS Recognised as a leading • Cavinder is the General Editor of individual for investigations. Law Relating to Specific Contracts in The GIR 100 identifies top Singapore , Sweet & Maxwell, 2 nd Edition, 100 firms worldwide that 2016. handle complex cross-border government-led and internal • Cavinder is an author of Law and Practice of investigations. Commercial Litigation in Singapore , Sweet & Maxwell, 2015 – Interlocutory Injunctions. Asia Business Law Journal Identified as one of Singapore’s Top 100 • Cavinder is also an author of Arbitration in lawyers 2019 Singapore , Sweet & Maxwell, 2014 – Arbitration Awards. Best Lawyers International: Singapore (2021 edition) • Cavinder co-authored the Chambers Practice Guides Bet-the-Company Litigation – Endorsed (2015): International individual for 4 consecutive years (also named Arbitration – “Singapore – Lawyer of the Year) Law & Practice”. Litigation - Endorsed individual for 11 • Cavinder is a co-author of Competition Law consecutive years and Policy in Singapore . This book was International Arbitration – Endorsed individual written in conjunction with, amongst others, for 3 consecutive years Professor Richard Whish of King’s College London. Arbitration/Mediation – Endorsed individual for 8 consecutive years • For the past 16 years, Cavinder has co- authored the ’s Competition/Antitrust Law – Endorsed Annual Review of Cases on Civil Procedure. individual for 4 consecutive years APPOINTMENTS/MEMBERSHIPS Asialaw Leading Lawyers Dispute Resolution & • Vice-President, Court of Arbitration – Litigation 2020 – Elite Singapore International Arbitration Centre Practitioner for 3 consecutive • Vice-President, Asia Pacific Regional years Arbitration Group

Benchmark Litigation Asia-Pacific 2020 • Co-Chairman, edition disciplinary committee

Dispute Resolution Star – Commercial and • Member, Governing Board of the Transactions, International Arbitration International Council for Commercial (3 consecutive years) Arbitration (ICCA)

“Great counsel and an asset to the team. He • Member, World Bank Sanctions Board has great practical and strategical input.” • Advisory Board, AFSA International Rules Asialaw Profiles Drafting Committee Dispute Resolution 2016 – Leading individual • Panel, International Arbitrators of the Asia IP Experts 2016 Korean Commercial Arbitration Board Leading individual in IP Litigation (KCAB)

Judgments • ICSID Panel of Arbitrators

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• Former Deputy Chairman, Board of Directors - Singapore International Arbitration Centre (2010 to 2017)

• Member, International Association of Athletics Federations’ (IAAF) inaugural Disciplinary Tribunal in Monaco (2017 to 2019)

• Member, Securities Industries Council

• Advisory Council, Faculty of Law, National University of Singapore

• Member, Law Reform Committee of the Singapore Academy of Law (2000 to 2010)

• Appointed by the Deputy Prime Minister to the Legal Services Review Committee (2007)

• Member, Pro-tem Committee of the Institute of Legal Education (2009)

• Appointed as a Referee under the Industrial Arbitration Act

• Member, Public and International Law Committee of the Law Society (2009)

• Member, Singapore Law Committee (India Team leader)

• Member, Sub-Committee of Remaking Singapore Committee (2002)

• Delegate, 8th Asia-Europe Young Leaders' Symposium

• Member of the Honourable Society of Gray’s Inn

• Fellow, Singapore Academy of Law

• Member, DIRECTORSHIPS • Director, Singapore Technologies Electronics Limited (2009 to 2012)

• Director, National Healthcare Group (2009 to 2012)

• Trustee, Singapore University of Technology and Design (2009 to 2015)

• Director, Ascendas Property Fund Trustee Pte Ltd (2010 to 2013)

• Director, Agri-Food & Veterinary Authority of Singapore (2004 to 2010)

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