Herman Jeremiah is a Senior Partner in the Dentons Rodyk Litigation and Dispute Resolution and Arbitration practices.
His areas of practice include banking and finance litigation, insolvency litigation, high value contractual disputes resolution, international arbitration, general litigation in insurance, employment disputes and competition law.
Herman has represented both foreign and local financial institutions and his clients have included Citibank, Macquarie Bank, Maybank, Rabobank, RBS NV (part of the Royal Bank of Scotland Group), Raiffessen Bank International, Standard Chartered Bank, Unicredit Bank, United Overseas Bank and several Swiss headquartered private banks. He advises his bank clients on their disputes with their borrowers, guarantors, other security providers and customers and in respect of some regulatory issues. The cases he has litigated raised varied issues relating to trade finance facilities, multi-currency loans, share finance trading, mortgages and other forms of securities, letters of credit, performance bonds, standby off-take contracts, collateral management agreements and bills of exchange. Other issues he has handled involve governing law, jurisdiction, and appropriate forum as well as issues relating to agency, authority and accessory liability. Some of these claims have proceeded to the Court of Appeal.
In insolvency litigation, Herman has acted in receiverships, judicial management and schemes of arrangement and worked with companies in distress as well as with several notable insolvency practitioners.
Herman has represented auditors sued for negligence by liquidators, represented their interests in an advisory capacity as well as represented practicing accountants in relation to practice monitoring reviews and representations to the Public Accountants Oversight Committee.
Herman has also acted in investment, shareholder and partnership disputes.
Herman has represented various clients' interest in several notable cases such as the Barings debacle, the Asia Pulp & Paper default, the fraud by an employee of Asia Pacific Breweries, a software implementation dispute between a major Singapore utility subsidiary and its service provider, and a dispute between a national airline and its IT service provider.
In international arbitration, Herman's experience includes representation in respect of matters as varied as standby off-take agreements, joint venture disputes, airline software solutions and termination of shipbuilding contract in SIAC, ICC and LCIA arbitrations. He also serves as an arbitrator.
Herman is a Fellow of the Chartered Institute of Arbitrators (CIArb), Fellow of the Singapore Institute of Arbitrators (SiArb) and Fellow of the Insolvency Practitioners Association of Singapore.
- Multiple clients: Acting for various parties in the MF Global Singapore (provisional liquidation) [2011, 2012].
- Bank: Acting in a claim against a collateral manager. Reported in ABN Amro Bank v CWT . Matter proceeded to the Court of Appeal .
- Lender: Acting for the lender in the judicial management of Renewable Holdings Pte Ltd, a principal subsidiary of China Enersave Limited (a limited company) and for the lender in the scheme of arrangement of China Enersave Limited.
- Major bank: Acting in defence of claims in fraudulent misrepresentation and wrongful dismissal. Reported in Fermin Aldabe v Standard Chartered Bank .
- Foreign creditor: Acting in respect of enforcement proceedings on an arbitration award in the Singapore Courts. Reported in Denmark Skibstekniske Konsulenter A/S I Likvidation v Ultrapolis 3000 Investments Ltd .
- Creditor banks: Acting for creditor banks in the judicial management of SGX-listed Jurong Technologies Industrial Corpn Ltd and its operating subsidiary.
- Foreign national carrier: Acting in its dispute with a notable German systems provider and for the same client in another related arbitration in respect of a claim by an Indonesian joint venture entity, both SIAC arbitrations.
- Security trustee: Acting for the security trustee of the group of lenders in the enforcement of the security over shares in a substantial listed company, Sincere Watch Limited, when the ultimate parent company (Peace Mark) of the borrower was put into liquidation. Acted in the sale of that security in Sincere Watch Limited to a consortium of buyers for S$113 million.
- Confidential client: Acting for a company listed on the secondary board in the Singapore Exchange against a Canadian listed company in its dispute in respect of a power project in Andhra Pradesh, India. The clients were successful in their claim and in resisting the appeal by the Canadian party. Managing and strategizing the clients' representation in respect of legal proceedings in Ontario, Canada in connection with the enforcement of the Singapore judgment in Canada as well as in insolvency proceedings of the Canadian party with a view to maximizing recovery for the clients. Also managing and strategizing the representation of the clients in respect of proceedings in India.
- Bank: Acting in an action against its customers for dishonest assistance in the breach by the bank's employee of his fiduciary duties. The case applied and to some extent extended the principles in the seminal decision of Lord Nicholls in the Privy Council decision of Royal Brunei v Tan. The decision of the trial judge against the bank after some 20 days of trial was reversed by the Court of Appeal on agency principles, despite findings of fact made by the 1st instance judge. Reported in BNP v Nancy Tan & Tan Shee Chin [2000, 2001].
- Major French bank: Acting in its claim for repayment of a multicurrency loan used for margin financing. The case raised questions of the lender's duty to the client in relation to advice on the risks attendant in borrowing of foreign currencies and the bank's duties in general. The first instance judgment in favor of the bank after a 31-day trial was affirmed by the Court of Appeal. Reported in BNP v Wuan Swee May .
- Major Dutch bank: Acting for a major Dutch bank (suing in the name of its then-customer) in a trial against the Industrial and Commercial Bank of China (ICBC) which had defaulted on its payment obligation under a letter of credit. Judgment was given against ICBC, a PRC bank with a branch in Singapore. The issues raised included the relevance of a Chinese Order of Court on the obligations of a PRC bank with a presence in Singapore, the obligations of an issuing bank in a transferable letter of credit, whether fraud on the documents is still a defense when the goods in the underlying contract have been delivered and accepted by the beneficiary of the letter of credit .
- Multiple clients: Acting for various parties in the Barings' debacle: a major foreign bank in relation to the recovery of a sum of US$25 million paid under a standby letter of credit in favor of SIMEX and a Japanese subsidiary of a major foreign bank in relation to the recovery of the trust money paid by the client to Baring Futures (Singapore) Pte Ltd.
- Confidential client: Acting for the plaintiff to restrain the call on a performance bond, reported at Kvaerner Singapore Pte Ltd v UDL Shipbuilding (Singapore) Pte Ltd .
- Asia Pacific Legal 500, Restructuring and Insolvency, 2015
- Chambers Asia: Recognized for the area of Restructuring and Insolvency, 2010, 2011, 2013
- Asialaw: Recognized in banking and finance litigation area, 2011, 2012
- Asia Pacific Legal 500: Recommended lawyer, 2009 - 2012
- Practical Law Company: Recognized as a recommended lawyer for restructuring and insolvency, 2008
- Author, "Of Promissory Notes, Assignments And Arbitration Agreements," Arbitration Review, November 2015
- Co-author, "DSK v Ultrapolis  SGHC 108 - A Lesson In Delay Tactics?," Rodyk Reporter - Litigation Brief, June 2010
- Author, "The 'Client' In Legal Advice Privilege: Singapore Courts Consider Three Rivers," Rodyk Reporter - Litigation Brief, September 2006
- Co-author, "Guide To Office Raids," Rodyk Guides, April 2006
- Co-author, "Competition Law Guide - Q&A," Rodyk Guides, 1st issue January 2006
- Co-author, "Competition Law Guide - Q&A; On The Competition Act 2004," Rodyk Guides, December 2005
Activities and Affiliations
- Fellow, Singapore Institute of Arbitrators
- Fellow, Insolvency Practitioners Association of Singapore
- Fellow, Chartered Institute of Arbitrators
- Member, Inquiry Panel Committee appointed by the Honourable Chief Justice pursuant to section 84 of the Legal Profession Act
- Teaching Fellow of the Singapore Institute of Legal Education for the years 2011 to 2014
- Member, Insolvency Practice Committee 2010, 2011 and 2012, The Law Society of Singapore
- Membership Officer, Section on Insolvency, Restructuring and Creditors' Rights (SIRC) of the International Bar Association, 2010 and 2011
- International Arbitration, April 22, 2015
- Where Is Dispute Resolution Going In The Asia Pacific?, March 20, 2015
- The SIAC Emergency Arbitrator Experience: How Does It Work, October 16, 2014
- Looking At The Crystal Ball For Contracts And Arbitrations With Indian Parties, April 27, 2013
- "International Commercial Arbitration - An Imperfect Solution But The Best That We Have, If We Will It," lecture At Symbiosis Law School, Noida, India, February 15, 2013
- Singapore Legal & Compliance Roundtable - hosted by Pictet & Cie (Asia) Ltd, February 29, 2012
- A Hands On Workshop On Drafting Arbitration Clauses - Old Wine In A New Bottle - Mumbai IHC Congress, February 1, 2012
- A Hands On Workshop On Drafting Arbitration Clauses - Jakarta IHC Congress, April 13, 2011
- "Mediation and ADR in Banking and Financial Disputes," ICC Dispute Resolution Seminar, Jakarta, February 21, 2011
- "Avoiding Arbitrary Choices In The Arbitration Process: Managing The Arbitral Process with a Focus On China & Indonesia," Mumbai IHC Congress, February 1, 2011
- "More Than Just Having An Arbitration Clause," International Arbitration For The IHC, Jakarta, May 25, 2010
- How To Get The Best Results In International Arbitration For Your Company - Without Breaking The Bank, May 12, 2010
- Arbitration & International Dispute Resolution (In House Congress, Jakarta), May 26, 2009
- Legal Professional Privilege In Singapore And Some Aspects Of Litigation Management, October 7, 2008
- The Impact Of Skandinavsika Enskilda Banken AB (Publ) v Asia Pacific Breweries, August 22, 2008
- Crossing The Line: In House Counsel And Privilege, June 20, 2008
- Corporate Authority, April 24, 2008
- Judicial Management, March 28, 2008
- Resolving Business Disputes Via Arbitration, November 13, 2007
- Resolving Business Disputes Via Arbitration, November 5, 2007
- Lunchtime Talk For Clients On Recent Banking Issues, August 13, 2007
- Corporate Governance & Corporate Counsel: Does the Buck Stop Here?, February 8, 2007
- Competition Law: An Overview of S47 of the Competition Act (Cap 50B) and Market Definition, January 18, 2007
- Litigation Talk: Duties Of Practising Accountants, December 4, 2006
- Workshop On Legal Professional Privilege, July 27, 2006
- Investing In Indonesia: Legal & Regulatory Framework Resolving Indonesian Investment Disputes, May 25, 2006
- Why Arbitrate Or Not, May 4, 2006
- Competition Law Updates, March 1, 2006
- Member, International Bar Association (Arbitration, Insolvency Section, Litigation and Anti-trust Committees)
Prior and Present Employment
- Senior Partner, Dentons Rodyk (formerly Rodyk & Davidson LLP), 2002 - present
- HelenYeo & Partners, 1997 - 2002
- Haridass Ho & Partners, 1988 - 1997