Highlights of Work Undertaken

COMMERCIAL & CORPORATE

1.  Advised the Brunei Economic Development Board and the Sungai Liang Authority in the setting up an industrial park in Sungai Liang. The work involved includes the following: –

  • – advising and drafting the master planner agreement for the appointment of Halcrow Group Limited to advise on the commercial framework and the design of the infrastructure to site the manufacturing plants;
  • – advising and drafting the cooperation agreement with a consortium comprising Mitsubishi Gas Chemical Company Ltd, Itochu Corporation and Brunei National Petroleum Company Sdn Bhd to provide for a cooperative and participatory framework in relation to the setting of methanol production facility;
  • – advising on the setting up of the Sungai Liang Authority working with Lovells Singapore (now known as Hogan Lovells) in drafting the legislation in consultation with the government departments and agencies;
  • – advising and drafting of a long term lease, including elements of construction and operation of a methanol plant between the Sungai Liang Authority and Brunei Methanol Company Sdn Bhd; and
  • – co-advising with Gibson Dunn Crutcher LLP on the procurement, installation and commissioning of the Single Point Mooring Buoy and Pipeline Facilities (also called Methanol Export Facilities)

2. 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.

3.  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.

4.  Advised and drafted the joint venture agreement relating to a pharmaceutical manufacturing plant in Brunei.

5.   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.

6.  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.

7. Advised on Al-Wadiah Master Agreement for international inter-bank placement of funds with a number of overseas banks.

8. 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.

9.  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.

10.  Advised an international investment bank on providing services of a dealer in securities and investment adviser with Brunei residents.

11.  Advised a major Japanese investment firm in the setting up of an Islamic private equity fund in Brunei in collaboration with a Brunei Government agency.

12. Advised and drafted an Islamic financing facility agreement based on the principle of Musharakah (partnership) for a local financial institution.

13.  Advised on local legal & regulatory compliance on proposed private placement fund offering in energy for overseas international law firm.

14. Advised on local legal & regulatory compliance on listed close-ended fund for an international law firm.

 

LITIGATION


1. 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.

2.  Giving expert opinion on the laws of Brunei Darussalam relating to international business companies and trust for purposes of arbitration proceedings in the Netherlands.

3.  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.

4.  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.

5.  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.

6. 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.

7.  Successfully represented a senior labour inspector in the High Court and another civil servant in separate corruption cases involving “entrapment” by enforcement officers. Also managed to gain acquittal recently in the High Court for a civil servant charged under the Prevention of Corruption Act.

8.  Successfully defended a former Commissioner of Police and his Deputy, against a suit for wrongful imprisonment and unlawful detention by an ex-detainee detained under the Internal Security Act, which case went to the House of Lords in the UK.