HIGHLIGHTS OF WORK
Corporate & Commercial
- Advised Baiduri Bank Berhad and Baiduri Finance Berhad in a high value transaction on the acquisition of the retail, commercial and auto-finance portfolios from HSBC Brunei and HSBC Finance (B) Berhad in Brunei.
- Advised ThyssenKrupp on regulatory and employment matters relating to the setting up of its fertilizer plant in Brunei.
- Advised Muara Port Company Sdn Bhd, the operator of the Muara Port Container Terminal and a joint venture company established between Darussalam Assets Sdn Bhd and Beibu Gulf (HK) Limited on its leasing, shareholder and employment matters.
- Advised as local counsel Accenture on the sale of its equity in a joint venture company to a Brunei Government linked company;
- Advised G4S Group on the sale and divestment of its investments in Brunei.
- Advised SBI (B) Sdn Bhd on the setting up of new USD100 million denominated Islamic private equity fund.
- Advised Bank of China (Hong Kong) Ltd on the legal and regulatory framework in connection with its setting up of banking business in Brunei and in its branch registration.
- Advised United Overseas Bank Limited Brunei in the sale of its retail banking assets in Brunei.
- Advised WorldVentures Marketing LLC and Rovia LLC, multi-level marketing companies selling travel and club memberships on their set up in Brunei.
- Advised AMEC Group in its acquisition of local oil and gas assets in Brunei from Scorpus Group.
- Advised on an IT system project for the Brunei Ministry of Culture Youth and Sports for the development of an interactive and integrated web portal application system for its national service, training and youth development programs.
- Advised and prepared the documentation for an Islamic banking product termed “Musyarakah Mutanaqisah for Under Construction” for an Islamic Bank for financing houses under construction.
- Advised a major integrated oil and gas services and solutions provider on its investment and joint venture with a local partner to develop business in Brunei.
- Advised a major car distributor from Malaysia of a well-known European marque in its joint venture and ancillary arrangements with a local Brunei partner to distribute and sell the cars in Brunei.
- Advised on Soy & World International on its joint venture with a local Brunei company to undertake manufacturing (with the setting up of a high technology pilot plant in Brunei) and marketing of soy related products in Brunei and regionally.
- Advised as local counsel in relation to the establishment of coated products joint venture in Asean and US between Nippon Steel & Sumitomo Metal Corporation and Bluescope Steel Limited, Australia.
- Advised a Telekom Brunei Berhad, a local major telecommunications company’s subsidiary on a joint venture with a leading IT software and service provider from India to set up a contact centre located in Brunei and to provide related services for local and South East Asian countries.
- Advised a leading listed Singapore entity on its consortium agreement with a local major private corporate group to undertake an EPC Project for a waste management system in Brunei.
- Advised foreign company in relation to the accession documents and guarantees by its subsidiary in relation to a multi- million dollar restructured syndicated loan and bond facilities.
- Advised and drafted the documentation for Islamic banking product based on Musharakah Mutanaqisah under combined Islamic and common law principles of al-Bai’ (sale), Ijarah (lease), wakalah (agency) and ar-rahnu (collateral).
- Advised on a multi-million-dollar Islamic financing (based on multiple financing facilities under separate Islamic financing principles) for a commercial and hotel project for a leading Islamic bank;
- Advised on local legal & regulatory compliance on listed close-ended fund for an international law firm.
- Advised on local legal & regulatory compliance on proposed private placement fund offering in energy for overseas international law firm.
- Advised and drafted an Islamic financing facility agreement based on the principle of Musharakah (partnership) for a local financial institution.
- Advised a major Japanese investment firm in the setting up of 2 Islamic private equity funds in Brunei in collaboration with a Brunei Government agency.
- Advised an international investment bank on providing services of a dealer in securities and investment adviser with Brunei residents.
- Advised 2 major banks on the financing and security documentation for a multi- million facility for a foreign development company undertaking the 2000 housing development project commissioned by the BEDB.
- Advised, reviewed and negotiated ICT contracts for clients in relation to –
○ the e-Government Public Key Infrastructure System (EG PKI) Project with the DTSS, Ministry of Finance;
○ the Industry and Trade Management System (ITMS) Project with the Ministry of Industry and Primary Resources;
○ the procurement of consultancy Services for the Business Process Re- engineering of the Business Licensing System in Brunei with the Ministry of Industry and Primary Resources;
○ the Gerbang Bahasa System Project, an integrated information and management systems with the Dewan Bahasa and Pustaka Brunei, Ministry of Culture, Youth & Sports; and
○ the procurement by a leading local banking institution of banking solution and systems software and services from multiple vendors and service providers.
○ Advised a major foreign defence contractor on a significant IT system contract in Brunei.
○ Advised an international software application developer on its contract with on the design and provision of the content, programmes and modules for an integrated Web Portal Application System for the Brunei Ministry’s Culture Youth and Sports.
- Advised on Al-Wadiah Master Agreement for international inter-bank placement of funds with a number of overseas banks.
- Advised on the merger between Islamic Development Bank and Bank Islam Brunei Darussalam, a state owned entity of the Government of Brunei valued at approximately BND 400.0 million.
- Advised as local counsels on the transaction documents and local legal and regulatory issues for a local petroleum company in its issue of Sukuk instruments based on the principles of Al-Ijarah valued at BND 100.0 million in 2005, which at the time was the first and a significant milestone in Brunei Darussalam in the promotion of Islamic finance.
- Advised and drafted the joint venture agreement relating to a pharmaceutical manufacturing plant in Brunei.
- Advised and drafted documents relating to the registration of Mitsui Sumitomo Insurance (Malaysia) Berhad as a branch and as a registered insurer under Insurance Order, and application to Court to obtain order of court for vesting of assets under the merger in relation to Brunei.
- Advised and drafted a collaboration and revenue sharing agreement between Postal Office Department, Government of Brunei with Juramas Technologies Sdn Bhd relating to setting up and operation of hybrid mail services.
- Advised and co-advised with foreign law firms, the Brunei Economic Development Board and the Sungai Liang Authority in the setting up an industrial park in Sungai Liang. The scope of legal work involved include advising and drafting the agreement for the appointment of the master planner, the cooperation agreement with stakeholders of a methanol plant facility, the legislation for the Sungai Liang Authority in consultation of with government agencies, the lease agreements (with elements of construction and operation of the methanol plants) and the procurement, installation and commissioning of the Single Point Mooring Buoy and Pipeline Facilities.
- Successfully defended a former Commissioner of Police and his Deputy, against a suit for wrongfulimprisonment and unlawful detention by an ex-detainee detained under the Internal Security Act, which case went to the House of Lords in the UK.
- Successfully represented a senior labour inspector in the High Court and anothercivil servant in separate corruption casesinvolving “entrapment” by enforcement officers. Also managed to gain acquittal recentlyin the High Court for a civil servant charged under the Prevention of Corruption Act.
- Acted as co-counsel for a former Government Minister in an appeal before the Court of Appeal for the disqualification of the trial judge hearing the corruption case against the Minister on the grounds of bias. The main action before the trial judge on the multiple corruption charges is continuing at present and we continue to act as co-counsel for the former Minister.
- Acted as counsel for Islamic Development Bank of Brunei in making applications to court in connection with its merger with Bank Islam Brunei Darussalam Berhad.
- Acted as counsel for Malayan Banking Berhad in an action against an infrastructure contractor/borrower in a banking cum construction dispute involving the following matters: –
○ pre-action negotiations with the borrower contractor, the Public Works Department, various contractors and consultants to devise a scheme to salvage the infrastructure projects and to prevent a call on the banker’s guarantee given by the bank to the Government;
○ application by the borrower contractor to High Court for the admission of a Queen’s Counsel to represent for the borrower contractor and followed by an appeal to the Court of Appeal by the borrower against the High Court’s refusal to grant admission to the Queen’s Counsel; and
○ High Court trial of the main action against the borrower contractor for recovery of the debt due to the bank and to resist the borrower’s counterclaim for damages for wrongful termination of the facilities on the part of the bank and followed by an appeal to the Court of Appeal by the borrower against the judgment of the High Court and the dismissal of their counterclaim.
- Acted as solicitors and junior counsel to a Queen’s Counsel for a local newspaper and editor-in-chief in a High Court defamation action against a former Government Minister and a journalist.
- Giving expert opinion on the laws of Brunei Darussalam relating to international business companies and trust for purposes of arbitration proceedings in the Netherlands.
- Giving expert opinion and evidence on the laws of Brunei Darussalam relating to contract and agency and on the Constitution of Brunei Darussalam on behalf of defendants in a suit in Australia.