EUGENE LOW

FOUNDER, MANAGING DIRECTOR

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EugeneLowYC

Languages

English & Mandarin

Eugene is a high energy, pragmatic and business-minded lawyer with substantial experience in complex, high-value commercial litigation, insolvency and restructuring, and corporate advisory.

Effectively fluent in Mandarin, Eugene has spent time studying and working in an accountancy firm in China and has worked with numerous Chinese clients in deals and disputes in the region.

Having trained and worked in an award-winning top litigation firm for some years, Eugene founded Ark Law in 2019 with the vision of building a socially responsible law firm with no compromises on work product and technical excellence.

NOTABLE MATTERS

COMMERCIAL LITIGATION

  • Acting for a State party in matters arising from an arbitration with a utilities concession holder
  • Acting for a Chinese State-Owned Enterprise in claims relating to a joint venture in Singapore
  • Acting for one of the defendants in a complex cross-border claim for fraud over the sale of US$2 billion of art works involving cases lodged with the courts in Monaco, Switzerland, Hong Kong, Singapore and other jurisdictions. This case was named “Matter of the Year” by the Asia-Pacific Dispute Resolution Awards 2016: Bouvier, Yves Charles Edgar v Accent Delight International Ltd [2015] 5 SLR 558; Rappo, Tania v Accent Delight International [2017] 2 SLR 265
  • Acting for the principal private financier of a joint venture in a dispute over the division of profits after selling investment properties for more than S$60 million. The case culminated in a landmark decision by the Court of Appeal on abuse of process: Lim Geok Lin Andy v Yap Jin Meng Bryan [2017] SGCA 46
  • Acting for a multinational corporation in a 20-day trial against a former director in claims for breach of fiduciary duties and conspiracy which went on appeal to the Court of Appeal: Goh Chan Peng v Beyonics Technology Ltd [2017] SGCA 40. A consequential suit arising from this matter is being heard in the Singapore International Commercial Court
  • Acting in a Suit in the Singapore International Commercial Court for a global petrochemical marketing, distribution and project development group and its chairman in claims associated with the collapse of Jurong Aromatics Corporation: Arovin Ltd v Hadiran Sridjaja [2018] 5 SLR 117
  • Acting for a medical doctor and his three companies in defending a claim from a tax advisor, and mounting a counterclaim for over S$1 million in damages for negligent tax advice: BMI Tax Services Pte Ltd v Heng Keok Meng [2019] SGHC 9
  • Negotiating an out of court settlement for a Chinese oilfield equipment company in a dispute over the termination of a JTC lease
  • Acting for a major telecommunications company in a mediation involving a claim against it amounting to more than S$34 million for alleged unauthorised use of infrastructure
  • Acting for a major telecommunications company in the resolution of disputes arising out of a planned consolidation exercise
  • Acting for a telecommunications facilities-based operator in claims arising from damage caused to its underground fibre optic cables
  • Acting for leading commercial hire-purchase financiers in recovery claims
  • Advising a Dutch litigation funder on complex issues relating to the assignments of choses in action for possible fraud on the diesel emissions standards of ship engines.

Corporate Advisory / Restructuring and Insolvency

  • Advising international and local bank creditors in the restructuring of the Hyflux Group
  • Advising liquidators of an EMAS Group subsidiary regarding the EMAS Group scheme of arrangement, and claims made in the Ezra Group Chapter 11 proceedings in the United States
  • Advising the putative receivers of a Cayman Islands company in the sale and acquisition of a subsidiary through a “pre-pack” receivership
  • Acting for the liquidators of Zuji Travel Pte. Ltd., a pioneering online travel bookings company
  • Acting for substantial creditors holding debts in excess of S$1 million in the Judicial Management of Epicentre Holdings Limited, a company listed on the Singapore Exchange
  • Advising creditors in the Singapore Flyer insolvency
  • Acting for a leading brokerage firm in fraud recovery claims and bankruptcy proceedings in the wake of the 2013 Sky One shares crash
  • Acting for various financial institutions in bankruptcy proceedings against debtor
  • Advising a Chinese investment company on the acquisition of a mineral mine in Indonesia
  • Advising a regional Public Relations group on a demerger and segregation of business units

Publications and Speaking Engagements

  • Speaker and trainer on Singapore law, Justice Without Borders Conference: Cross-Border Civil Claims for Returning OFWs (University of Makati, Philippines, April 2019)
  • Contributor, The Asset Tracing and Recovery Review (Law Business Research Ltd, 2015-2017)
  • Author, “In-house counsel communications – privileged or not?” (Lexology, September 2017)
  • Author, “Briefing Note – COVID-19 (Temporary Measures) Act 2020” (Ark Law Corporation, April 2020)

HARRY ZHENG

COUNSEL

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Languages

English & Mandarin

Harry began his career in a joint law venture with a US-based international law firm, and specialised in commercial litigation and international arbitration involving high-value corporate matters. Thereafter, Harry expanded his practice in a boutique firm where he also acts for clients in insolvency and restructuring, and corporate advisory matters.

A lawyer focused on practical outcomes, clients praise Harry for his keen commercial sense and practical solutions.

EXPERIENCE

CORPORATE ADVISORY 

  • Providing small and medium enterprises (“SMEs”) in the tech space with comprehensive legal solutions including advisory and preparation of various agreements including service agreements, non-disclosure agreements and employment agreements
  • Advising SMEs on data protection policy

COMMERCIAL LITIGATION

  • Acting for a nominee director in a claim by creditors of the Company relating to a breach of nominee directors’ duties. The reported decision is now the seminal case on the duties of nominee directors: Prima Bulkship Pte Ltd (in creditors’ voluntary liquidation) v Lim Say Wan [2017] 3 SLR 839
  • Acting for an individual in proceedings for the taking of an account  of profits arising from shares held on trust. The reported decision provided much-needed clarity to the law of issue estoppel and res judicata: Cost Engineers (SEA) Pte Ltd v Chan Siew Lun [2016] 1 SLR 137
  • Acting for a bank in Dubai to recover monies loaned out based on fraudulent documents and performed the first seizure and direct sale of gold bars to United Overseas Bank in Singapore
  • Acting for a family office in a suit against an architect for the recovery of monies paid out under an agreement for a construction development project that failed to meet regulatory requirements

INSOLVENCY AND RESTRUCTURING

  • Representing and advising a bank creditor in the judicial management of a construction company including advising on the effect of judicial management on guarantors (provided by the bank) and on the effects of a draft scheme of arrangement prepared by the judicial managers
  • Representing and advising a bank creditor in a matter relating to a moratorium under the then-section 211B of the Companies Act. Advising on the implications of rescue financing and successfully argued an application resisting an order that rescue financing be secured on the unencumbered property of the insolvency company
  • Representing a bank creditor to successfully resisting the extension of a moratorium under the then-section 211B of the Companies Act in a case involving complex questions which required extensive consideration of statute and case law on Chapter 11 proceedings in the United States
  • Advising a British Virgin Islands family office on insolvency matters and acting in liquidation of the company

INTERNATIONAL ARBITRATION

  • Acting for a listed Australian biochemical company against a Malaysian sovereign wealth fund in relation to the interpretation of contractual documents and enforceability issues related to penalty provisions and clogs on the equity of redemption (SIAC Arb 22/2017, SIAC ARB 23/2017)
  • Acting for a Burmese construction company in resisting a claim under a construction contract by an Australian joint venture partner (SIAC ARB 164/2010)
  • Acting for an English oil exploration company against the Indonesian subsidiary of a Canadian drilling company  for damages resulting from delays in the construction of an offshore oil rig (ICC/19851/CYK)
  • Acting for a Nepalese individual in claims against a Swedish telecommunications company for capital gains tax due by the Swedish telecommunications company to the Nepalese government which the Nepalese authorities charged to the individual under tax withholding regulations

AREAS OF PRACTICE

  • Commercial litigation
  • International arbitration
  • Restructuring and insolvency
  • Corporate advisory

QUALIFICATIONS

  • Advocate & Solicitor, Singapore

EDUCATION

  • University of Nottingham
  • BPP Law School

Memberships

  • Law Society of Singapore
  • Singapore Academy of Law