Abhishek Srivastava

Associate
Written By Tim Lindsay

Abhishek is an Associate in our Singapore office. He has represented clients in high-value and complex international commercial and investment treaty arbitrations and litigation spanning a wide range of matters – including joint venture and shareholder disagreements, energy and commodities, infrastructure, banking and finance, and technology related disputes.

Abhishek has a Bachelor of Laws (First Class Honours) from the National University of Singapore (NUS) and was ranked third overall in his year’s Singapore Bar examinations. At NUS, Abhishek was on the Dean’s List and received the Wee Chong Jin Scholarship for his excellent academic performance. He was also a highly accomplished mooter – winning and receiving the best speaker awards in several local and international moot competitions, including finishing runners’ up and best oralist in the global rounds of the prestigious Philip C. Jessup Moot Competition in 2021. Prior to joining the firm, Abhishek practised in a top-tier Singapore law firm with some of the nation’s top Senior Counsel.

  • Arbitration matters

    Representative cases (including before joining the firm):

    • Solar Power Plant Arbitration: Currently representing a leading Japanese engineering company against a solar plant owner in an ICC arbitration arising from allegations of the former’s non-compliance with Performance Guarantee Ratios calculated under the Engineering, Procurement and Construction Contract.

    • Challenge To an Arbitral Tribunal’s Jurisdiction Under the Japan-Mongolia BIT: Part of a team that represented a Japanese healthcare company against a Mongolian state-owned enterprise in a challenge to a SIAC arbitral tribunal’s jurisdiction over a dispute arising from the latter’s wrongful seizure of a MNT 70 billion joint-venture project under the Japan-Mongolia Bilateral Investment Treaty (2001).

    • Credit Suisse AT1 Bondholder Investment Arbitration: Part of a team that advised and represented more than 60 international Credit Suisse AT1 bondholders in the Asia-Pacific region over the Swiss regulators’ decision to write down those investments, including addressing the jurisdictional issues raised in the attempted consolidation of claims before an ICSID arbitral tribunal.

    • Tribunal Secretary to an Emergency Arbitrator in proceedings before the SIAC.

    • Setting Aside an Arbitral Award Relating to Expropriation Claims Between a Solar Energy Company and Bangladesh: Part of a team that represented a US-based solar energy company against a Bangladeshi statutory board in seeking to set aside an UNCITRAL Rules arbitral award in a dispute arising from the expropriation of the former’s factory assets.

    • Liquified Petroleum Gas Arbitration: Represented a Singapore LPG trading company against a Hong Kong energy company in a HKIAC arbitration and parallel Singapore High Court proceedings over a US$16 million oil and gas contractual dispute arising from claims that there was an inoperative arbitration agreement between the parties and that there were non-payments for monthly shipments of LPG cargo.

    • Energy Arbitration: Represented a Dubai-based international commodity trader against a Chinese state-owned energy company in a US$10 million SIAC arbitration arising from the latter’s underpayment and non-acceptance of monthly coal cargo shipments.

    • Post Merger & Acquisition Arbitration: Represented a European engineering and construction company against a Hong Kong-based private equity firm in a S$20 million SIAC arbitration arising from the alleged inaccurate recording of EBITDA figures and non-disclosure of debts following the latter’s acquisition of the former’s subsidiary company.

    • Mediation-Arbitration in a Construction Contractual Dispute: Represented an American design consultancy firm in a mediation against a Singapore statutory board in relation to a US$13 million construction contractual dispute.

    • AIFTA Agreement Advisory: Advised a multinational corporation with operations in the Asia-Pacific region on its general obligations under the ASEAN-India Free Trade Area (AIFTA) Agreement.

    Singapore litigation matters

    Representative cases (including before joining the firm):

    • Fraudulent Misrepresentation and Economic Torts Litigation: Assisted a Senior Counsel in the representation of a major Indonesian property developer against a key Singapore institutional bank in the Singapore High Court and Appellate Division proceedings involving a S$138 million claim of fraudulent misrepresentation and conspiracy to injure the bank over the sale of luxury residential properties.

    • Cross-border Cryptocurrency Related Litigation: Represented more than 300 international retail investors as part of a team against a Hong Kong-based cryptocurrency exchange in Singapore litigation proceedings over the recovery of close to US$60 million in misappropriated customer assets.

    • Shareholder and Company Oppression Related Litigation in the Singapore High Court: Represented the directors of a US$75 million Singapore fintech startup against a major Irish investor in claims relating to minority oppression, conspiracy to injure, and breach of fiduciary duties – and which involved a month-long trial in the Singapore High Court.

  • National University of Singapore (LL.B., Hons., First Class); Dean’s List (Final Year); Chief Justice Wee Chong Jin Scholar

    Advocate & Solicitor in Singapore (Ranked overall 3rd in the Singapore Bar Examinations (Part B) 2021 – including receiving 2 distinctions and a subject prize award)

Tim Lindsay
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