Mark Seah is a partner in our Litigation and Dispute Resolution and Arbitration practice groups. Mark's practice in commercial litigation and arbitration involves disputes concerning commodities, insolvency, derivatives, shareholder and corporate matters, employment, property, intellectual property and defamation. His areas of practice also cover international trade disputes and he has a particular focus on oil and gas disputes.
Mark is experienced in handling litigation as well as arbitration proceedings, having been retained in a variety of complex disputes. He has acted in cross-border litigation as well as in international arbitrations. Regularly appearing before the Supreme Court, Mark has successfully represented a wide spectrum of clients, some in high profile cases. He has advised and represented prominent companies such as Apple Inc, governments, state owned entities and leading banks.
His arbitration work includes acting as counsel in arbitrations under the auspices of the Singapore International Arbitration Centre as well as under other institutions. In this connection, Mark has acted in multi-million dollar oil and gas disputes as well as in oil rig disputes. Having acted in both shareholder and partnership disputes, Mark is often sought to advise on corporate matters. Mark has also acted in High Court and Court of Appeal cases concerning constructive trusts and has also successfully represented multi-national companies in carriage disputes and claims in tort. Mark's insolvency practice involves him regularly advising in liquidation matters and assisting liquidators on a host of different legal issues. He has, where necessary, acted in winding up proceedings and has also assisted liquidators in forensic investigations. On the employment disputes front, Mark appeared with Senior Counsel and successfully acted in a leading restrictive covenant decision before the Court of Appeal, Mano Vikrant Singh v Cargill TSF Asia Pte Ltd  4 SLR 371;  SGCA 42. Other notable employment cases would include Ong & Ong Architects Pte Ltd and another v Yee Wei Chi and Seow Kee Piao, in which Mark successfully acted for the prominent architectural firm in both the High Court and Court of Appeal. Mark has also spoken on a range of legal matters at Masterclasses and conferences.
- A large state-owned entity: Acted in a complex multi-million dollar oil related arbitration in which the claim against the client, which was primarily for "hedging" losses on futures contracts, was successfully resisted. The counterparty in the arbitration subsequently brought an application in the Singapore High Court to set aside part of the Award. Acted in the High Court proceedings in 2014 to successfully resist the application. The case has been reported as AMZ v AXX  SGHC 283
- NYSE Listed entity and its subsidiaries: Acted in an international arbitration in respect of a pharmaceutical joint venture dispute with the minority shareholder. The claims brought by the minority shareholder were successfully resisted.
- A major gas supplier: Acted in a multi-million dollar arbitration, in relation to a gas sales contract (settled).
- A leading player in global subse oil industry: Acted in Singapore High Court proceedings involving a multi-million dollar dispute over the client's design and build of a subsea load handling system (settled).
- Singapore listed company: Acted as lead counsel for the wholly subsidiary of a Singapore listed company in a complex shipping related arbitration. The matter concerned numerous claims (including claims for despatch/demurrage and fundamental breach of contract.
- Government of Laos: Acted in the Singapore High Court in support of international arbitration proceedings. The case has been reported as The Lao People's Democratic Republic v Sanum Investments Ltd and another  4 SLR 947;  SGHC 183.
- Federal Express Services (M) Sdn Bhd: Acted in a contractual/tortious dispute arising out of carriage of goods on land/bailment, Sun Technosystems Pte Ltd v Federal Express Services (M) Sdn Bhd  and 1 SLR 411 and Smart Modular Technologies Sdn Bhd and Another v Federal Express Services (M) Sdn Bhd and another  2 SLR 797 and was successful in both the High Court and Court of Appeal.
- A prominent Japanese MNC: Acted as co-counsel in a multi-million dollar trust dispute in the High Court (settled).
- Co-Author, "High Court Refuses To Set Aside An International Arbitration Award ", Arbitration Review, December 2015
- Author, "The Maritime Labour Convention arrives on Singapore Shores - what does this mean for our shipping industry?", Starboard, October 2014
- Co-Author, Singapore Chapter, Aircraft Repossession and Enforcement, 2009
- Co-Author, Singapore Precedents of Pleadings (2006), ed. by Jeffery Pinsler, 2006
- Co-Author, "Deep Venous Thrombosis Not 'Accident' Under Warsaw Convention", Rodyk Reporter - Litigation Brief, September 2005
Activities and Affiliations
- 25th Employment Law & HR Management Asia Masterclass, March 25, 2013
- Employment Law and HR Management Masterclass, Contracts of Service under the Employment Act (Cap 91), April 19, 2011
- Essentials Of Tenancy Agreements And Leases In Singapore, June 18, 2010
Prior and Present Employment
- Partner, Dentons Rodyk (formerly Rodyk & Davidson LLP) (2004 - present)