Cavinder Bull CV
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Cavinder Bull, SC Chief Executive Officer B.A. (Hons), Oxford University (UK, 1992) M.A. Oxford University (UK, 2001) LL.M., Harvard Law School (USA, 1996) Barrister of England & Wales (1993) Advocate & Solicitor of the Supreme Court of Singapore (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 Lee Kuan Yew 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 1 • 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. 2 • 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).