Ushan Premaratne

Commercial disputes

• Acting for a company against its previous director for mismanagement and conflict of interest where the sums in dispute are more than S$3 million
• Acting on behalf of a minority shareholder seeking leave to commence a derivative action on behalf of the company for claims close to S$5 million
• Acting on behalf of two foreign entities in relation to claims for the sale of gold kilo bars valued more than USD 10 million
• Acting on behalf of a company in relation to a breach of a settlement agreement for the provision of, inter alia, credit facilities
• Acting in the Court of Appeal in relation to claims for negligence and misrepresentation arising from an expert report prepared by a reputable human resource consulting firm for arbitration proceedings
• Acted on behalf of a minority shareholder seeking leave to commence a derivative action on behalf of the company for claims more than S$25 million
• Acted on behalf of a group of companies defending pre-action discovery of documents where potential claims of minority oppression and derivative action were raised
• Acted in relation to claims for minority oppression and breach of fiduciary duties where the sums in dispute exceed S$9 million
• Acted for an established financing company in relation to contractual claims arising from a leasing agreement: Voo Teck Chuan v Skyway Motor Pte Ltd [2024] SGMC 61
• Acted in relation to claims for, inter alia, breach of duty and contract against a private bank where the claims concern intimation and harassment of an employee during the course of his employment where the sum in dispute is close to S$7 million
• Acted in 4 related court proceedings on behalf of a Singapore group of companies against, inter alia, a financing company involving trade financing fraud where the sum in dispute exceeds S$4 million
• Acted in relation to stay of proceedings in Singapore in favour of Pakistan for claims relating to performance of steel / metal contracts where the sums in dispute exceed USD14 million
• Acted in the High Court for one of the defendants involved in a multi-jurisdictional fraud in relation to cryptocurrency valued in excess of USD76 million
• Acted for a group of investors for claims brought against a Cryptocurrency fund and investment managers where the issues in dispute relate to, inter alia, scope of duties owed in high-risk investment portfolios
• Acted for a well-known New York based family office consultancy firm to successfully resist claims in a 5-year dispute involving breach of contract and misrepresentation relating to the setting up of a multi-family office in Singapore: Fusang Corp v Pepper International LLC [2021] SGDC 178
• Acted on behalf of an Australian citizen against a group of companies in Singapore and South Africa in respect of claims for breach of contract, misrepresentation and conspiracy
• Acted on behalf of a Singapore company against a group of companies operating in Singapore and Malaysia controlled by a Malaysian public listed company in respect of claims for misrepresentation and conspiracy
• Acted on an appeal from the State Courts relating to a dispute which raised matters of public importance for the first time, including the proper interpretation and ambit of s 47(1) of the Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed): The Management Corporation Strata Title Plan No. 0827 v Aikyu Trading Co (Pte) Ltd [2020] SGHC 217
• Acted in relation to claims for unjust enrichment and money had and received against an established fitness group: Lee Yeow Peng v Fitness First Singapore Pte Ltd [2020] SGMC 37
• Acted on behalf of United Overseas Bank in relation to a dispute involving a mortgagee's right to take possession of a commercial property subject to a tenancy: United Overseas Bank Ltd v Homely Bath Services & Trading Pte Ltd and another [2019] SGHCR 03
• Acted on behalf of an elderly client in relation to disputes involving the misappropriation of funds maintained in joint bank accounts with the defendant: Lilyana Alwi v John Arifin [2019] SGHC 113
• Acted on behalf of two high net worth individuals in claims for vicarious liability and negligence against an established insurance company Ong Han Ling and another v American International Assurance Company Ltd and others [2017] SGHC 327
• Acted on behalf of the plaintiff, an energy drink supplier in disputes relating to trademarks and distributorship agreements: Naughty G Pte Ltd v Fortune Marketing Pte Ltd [2018] SGHC 190
• Acted on behalf of a Singapore company and its directors in relation to an Anton Pillar order obtained against them and successfully mediated a settlement of the dispute, which involved claims for breaches of confidentiality, fiduciary duties and claim for knowing assistance
• Acted on behalf of the Economic Development Board in relation to a claim for alleged misrepresentations made by its officers: UDL Marine (Singapore) Pte Ltd v Jurong Town Corporation [2013] SGHC 236
• Acted on behalf of a sports marketing, media and event management company in a claim for pre-action discovery relating to potential claims for defamation and breach of confidentiality: World Sport Group Pte Ltd v Dorsey James¬ [2013] SGHC 78 / [2013] 3 SLR 354 / 2014 SGCA 4

Arbitration

• SIAC-administered arbitration: Acting for a Singapore company against a US public listed company in relation to the supply of technology related products in Asia
• SIAC-administered arbitration: Acting for a Singapore company in relation to a joint venture with an American company and its related partners for the development and sale of man-made diamonds
• SIAC-administered arbitration: Advising a foreign company in relation to contracts relating to Engineering, Procurement and Construction
• SIAC-administered arbitration: Advising an Indian national in relation to claims for loans repayments against two Indian entities and a Singapore entity
• Ad hoc arbitration: Acted for a Vietnamese entity in relation to a dispute arising from back-to-back fixture notes for the supply of coal
• SIAC-administered arbitration: Acted for a Singapore individual in relation a claim for fraud committed on the tribunal in the course of arbitration where the damages sought are close to S$ 20 million
• SIAC-administered arbitration: Acted for a minority shareholder against a public listed logistics services company in respect of a long running shareholder dispute amounting to S$ 20 million
• HKIAC-administered arbitration: Advised an UHNWI in relation to her claims against a Swiss investment bank for mismanagement of funds where the sums in dispute exceed USD 8 million
• SIAC-administered arbitration: Advised a US based company in relation to an investment agreement that provided for funds of USD 13 billion for the purchase and development of properties in the United States
• SIAC-administered arbitration: Acted for a shareholder in respect of a claim for minority oppression and breach of a shareholders' agreement where the damages sought are more than S$ 10 million
• SIAC-administered arbitration: Advised a co-founder in relation to a shareholder dispute with majority investors of well-established private equity / venture capital funds where the sums in dispute exceed S$ 80 million
• SIAC-administered arbitration: Advised a Pakistan company in relation to a joint venture for the development of a property valued more than 1.39 billion PKR
• SIAC-administered arbitration: Acted for a minority shareholder in relation to breaches of a shareholder agreement where the damages sought are more than S$ 15 million
• SIAC-administered arbitration: Acted for a Singapore company in relation to a joint venture for the development and processing of renewable energy
• SIAC-administered arbitration: Acted on behalf of a Philippines based coal company in claims arising out of long-term coal supply contracts and shipping documentation
• AIAC-administered arbitration: Acted for a Singapore company in respect of a claim arising from a joint venture arrangement with companies associated with a public listed company specializing in construction material
• CAS-administered arbitration: Acted on behalf of an international sports federation in relation to disciplinary action taken against one of its ex-presidents
• SIAC-administered arbitration: Acted on behalf of an established Vietnamese fashion company in respect of claims for breach of a joint venture entered into with a Singapore company
• ICC-administered arbitration: Advised an Italian luxury furnishing company in respect of a contract for interior works for a hotel construction project in Sri Lanka
• AAA-administered arbitration: Acted on behalf of a Singapore company in respect of claims under a medical license and supply agreement against an American public listed company
• SIAC-administered arbitration: Acted on behalf of a coal and shipping conglomerate in respect of several coal contracts
• SIAC-administered arbitration: Acted on behalf of a major regional education provider against an international private equity firm in relation to a S$40 million investment
• ICC-administered arbitration: Acted on behalf of a foreign bank with respect to a dispute arising out of a software contract and the supply of a core banking system

Arbitration-related litigation

• Acted in the High Court and the Court of Appeal in relation to a setting aside of a SIAC partial award on liability involving breaches of a shareholders’ agreement
• Acted in the High Court and the Court of Appeal in relation to a setting aside of a SIAC partial award involving valuation of shares under share purchase agreement: CIX v CIY [2021] SGHC 53
• Acted in the High Court on behalf of a Vietnamese company in relation to a setting aside of an ad hoc arbitration award involving a shipping dispute
• Acted in the High Court in relation to an application filed by a Sri Lankan government linked company to set aside an ICC arbitration award granted in favour of an Italian luxury furnishing company: Sinolanka Hotels & Spa (Private) Limited v. Interna Contract SpA [2018] SGHC 157

Civil fraud

• Acting in the High Court for an energy and commodities company in relation to fictious hedging transactions involving the Hin Leong entities
• Acted in the High Court on behalf of a shareholder / creditor in relation to a dispute with entities owned and controlled by Wirecard AG where the claims in question exceeded Euro 400 million
• Acted in the High Court and the Court of Appeal on behalf of Cypriot companies in relation to a claim in excess of USD 200 million in damages for unlawful conspiracy to cause harm by way of alleged multi-jurisdictional fraud and misappropriation: JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and another [2020] SGCA 95 / [2020] SGHC 29 / [2020] SGCA 54 / [2019] SGHC 21 / [2018] SGCA 27 / [2018] SGHC 38
• Acted in the High Court in relation to claims for fraud and unlawful means conspiracy arising out of a joint venture for the performance of offshore and shipping-related contracts
• Acted in the High Court and the Court of Appeal on behalf of a shipping company in disputes relating to market manipulation, freight forward agreements and involving violations under the Singapore Securities and Futures Act: TMT Asia Limited v BHP Billiton Marketing AG (Singapore Branch) and another [2019] SGCA 60 / [2018] SGHC 228 / [2015] SGHC 21
• Acted in the High Court and the Court of Appeal on behalf of a shipping company in a claim in excess of USD 400 million for breach of duty, fraud and conspiracy: TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21

Contentious trust / probate / equitable claims

• Acting as instructed counsel in the High Court concerning a claim for proprietary estoppel over a property in Singapore
• Acting for 3 related court proceedings for a beneficiary in relation to a contested probate dispute where the estate is valued more than S$ 20 million
• Acted in the High Court in relation to contentious trust / probate matter where assets of the estate were in excess of S$ 25 million and included the right to enforce and recover payment of an ICC arbitration award in the Bahamas
• Acted in the Family Justice Courts and the High Court in relation to a challenge of a Lasting Power of Attorney and a deputy application where the assets in question are in excess of S$ 50 million: WEW v WEX [2022] SGFC 60 / [2022] SGHCF 32
• Acted as instructed counsel in a dispute involving the revocation of the last will and testament where complex questions of testamentary capacity and undue influence were raised: VTJ v VTK [2021] SGFC 78
• Acted in the Court of Appeal in relation to contempt proceedings where the Court exercised, in the context of a matrimonial dispute, its exceptional jurisdiction to grant judicial mercy to temper the punishment to be imposed: VDZ v VEA [2020] SGCA 75
• Acted in the Court of Appeal for a trustee / executor of an estate in relation to a contentious trust dispute concerning rights of discretionary beneficiaries, breach of fiduciary duties and failure to account for trust assets: Lakshmi Prataprai Bhojwani Mrs Lakshmi Jethanand Bhojwani v Moti Harkishindas Bhojwani [2018] SGHC 21
• Acted in the High Court and the Court of Appeal on behalf of an executrix of an estate and successfully defended a claim for a share of alleged matrimonial property based on fraud, breach of trust and unjust enrichment: Wee Chiaw Sek Anna v Ng Li-Ann Genevieve (sole executrix of the estate of Ng Hock Seng, deceased) and another [2012] SGHC 197 / [2013] SGCA 36

Defamation

• Acted for a Management Corporation Strata Title to pursue claims for defamation arising from publications / statements made at an Annual General Meeting
• Acted for an electoral candidate in relation to defamatory posts published by two incumbents during an election campaign
• Acted for a world-renowned nightclub operator in relation to defamatory publications of an ex-senior employee
• Acted for a sports management company in relation to claims against a journalist for defamation arising from articles posted on a website
• Acted for a multiple family office company in relation to claims against an ex-founder for defamation and breach of confidentiality
• Acted as instructed counsel for a businessman in relation to claims for defamation where defences of fair comment and justification were raised: Rakesh Rai s/o Juginthrenat v Muhammad Danial Omar and another [2022] SGDC 233

Professional Negligence

• Advised a Singapore company in relation to professional negligence claims against a local law firm arising from a corporate M&A transaction where the claims are in excess of S$ 3 million
• Acted for a Singapore company in relation to claims against a local law firm for breach of contract and tortious duties in the handling of legal proceedings: Benzline Auto Pte Ltd v Sterling Law Corporation and another [2021] SGDC 210
• Acted in the High Court and the Court of Appeal against an established conveyancing law firm in a claim for professional negligence: Anil Singh Gurm v J S Yeh & Co and another [2020] SGHC 151 / [2020] SGCA 05 / [2018] SGHC 221
• Advised an Indian company in relation to claims for professional negligence against a local firm for failing to carry out client's instructions resulting in misappropriation of funds amounting to USD 3.75 million obtained under an ICC arbitration award

Thomson Reuters Asian Legal Business 40 under 40 list for Asia

Benchmark Litigation Asia-Pacific -"Future Star" for "Commercial and Transactions" – 2022 to 2024

Legal 500 – Recommended Dispute Resolution (Local Firms) - 2021 - 2023

Ushan wins praise from clients for ‘his very quick grasp of the financial figures’, being 'a top class strategist', 'very responsive, meticulous and prepared to roll up his sleeves', 'the go to lawyer for difficult, complex commercial disputes', 'highly skilled strategist for difficult cases' and ‘always several steps ahead of the other side and able to present practical legal solutions', ‘an excellent advocate before the courts and tribunals. He is very responsive, easy to work with and never fails to deliver results’.

It has also been said that his ability to "read the opponent, understand objectives and leverage on the strengths of his client's case to achieve results" and his "strategy [that] is dynamic, put into motion at the most appropriate time and is extremely result oriented depending on the client's expectations" and is ‘an impressive commercial lawyer who is extremely knowledgeable in shareholder disputes, technically brilliant with a real eye for numbers, and easy to work with.’

In-house legal counsel who have worked with Ushan have the following to say:

‘Ushan combines exceptional legal skills with great communication, empathy, and strategic thinking. More importantly, he goes the extra mile to ensure that the client feels truly cared for and supported during the entire process.’ ‘Ushan possesses a remarkable talent for simplifying complex problems and proposing practical yet effective solutions. His extensive experience includes adeptly managing legal matters related to fraud within the technology and fintech industries.’ ‘Ushan provides commercially astute and practical advice with the client’s interest at heart. His calm and measured approach helps navigate complex problems and fight tough battles’. ‘Ushan is pragmatic and solution focused and has great attention to detail. He is a trusted advisor who you can count on to be honest, knowledgeable and result oriented.’ ‘Ushan is unflinching when under fire; impressive in his ability to roll his sleeves up and deliver results. He is a go-to lawyer for complex and difficult cases.’

In the recent Benchmark Litigation Asia-Pacific edition, Ushan was described as "[e]ngages extremely well. Very thorough and, most important[ly] to me, is able to challenge client's ideas."