Foo Maw Shen is a senior partner in the Dentons Rodyk Litigation and Dispute Resolution and Arbitration practices.
Maw Shen is effectively bilingual in English and Chinese, and has more than 20 years of extensive experience in commercial litigation, with particular emphasis on restructuring, insolvency litigation, shareholders' disputes, commercial fraud, trust laws and litigation involving gaming issues. His clients include banks, accounting firms, listed companies, venture capitalists and gaming operators, among others. With Maw Shen's focus on China, his client base had developed a particular emphasis on clients from China, Hong Kong and Taiwan.
Maw Shen's core practice areas complement that of the Firm's corporate advisory teams—the collaboration of which ensures that legal solutions that best accord with the clients' commercial objectives and requirements are offered. Maw Shen has been extensively involved in the restructuring of various listed entities over the years. These include: Hua Kok International Ltd, Econ International Ltd, Wee Poh Holdings Ltd, Enzer Corporation Ltd, Ho Wah Genting International Ltd and Penton International Ltd.
Maw Shen has been involved in a number of high-profile cases, including a recent case where the Singapore Court of Appeal adjudicated on issues concerning a company listed on the SGX, of financially assisting a purchaser's acquisition of its own shares. He was also involved in the successful defense of a US$75 million claim for fraudulent conspiracy and acted for a liquidator in a successful claim (in excess of S$50 million) for fraudulent/insolvent trading against the company's former directors.
- Fund management company: Acting in proceedings brought by the Monetary Authority of Singapore for contravening Section 197(1) of the Securities and Futures Act—the first case of its nature in Singapore, whereby this provision was invoked by the Monetary Authority of Singapore, by way of civil proceedings.
- Las Vegas casino: Successfully acting to obtain an order from the High Court of Singapore to recognize and enforce a foreign judgment against a debtor in Singapore—the first case in Singapore whereby a foreign judgment founded on a gaming debt has been successfully recognized and enforced by Singapore courts, based on common law. Issues that were adjudicated in the case included the question of the limitation period applicable to foreign judgments which are sought to be recognized and enforced in Singapore. Reported at Desert Palace Inc. (doing business as Caesars Palace) v. Poh Soon Kiat  SGHC 144.
- Confidential client: Successfully wounding up a debtor company, for debts exceeding US$4 million owed to the creditors. Issues considered by the High Court and the Court of Appeal included the governing law of contractual obligations (and the effect of illegality under foreign laws) and the requisite burden to be discharged by a creditor in seeking to wind up a debtor company without any judgment. Reported at Re SY Technology Inc.  2 SLR 756 &  SGCA 1.
- Confidential client: Acting for the first case to be decided by the High Court of Singapore on the scope and ambit of the defense afforded to a bankrupt under section 133 of the Bankruptcy Act, i.e., the defense of innocent intention to defraud. Reported at Re Low Kok Heng  4 SLR 183.
- SGX-listed company: Acting against an allegation of financially assisting a purchaser's acquisition of its own shares under section 76 of the Companies Act. The Court of Appeal upheld the first instance decision—the first case decided by the Court of Appeal on the scope and ambit of section 76 of the Companies Act in recent years. Reported at Re Wu Yang Construction Group  4 SLR 451 &  SGCA 55.
- Confidential client: Successfully resisting the appeal brought by OCBC to the Court of Appeal against the trial judge's finding that OCBC had breached an assets sale agreement. Principal issue considered by the Court of Appeal was the scope of a party's contractual duty to use reasonable endeavors to procure an outcome. Reported at OCBC v. Justlogin  2 SLR 675.
- Confidential client: Acting for certain parties in resisting claims for a sum of US$75 million brought by Mitco against various defendants for fraudulent conspiracy. Issues relating to fraudulent conspiracy, constructive trust and tracing (including the application for the first time in Singapore of the Twinsectra test, i.e., knowingly assisting a breach of trust) were considered. Reported at Re Malaysian International Trading Corp Sdn Bhd (Mitco)  4 SLR 537.
- Liquidator: Acting for the liquidator of a G8 construction company in the claim against its former directors for fraudulent and insolvent trading, in the sum of S$53 million. Issues relating to the liquidator's right to trace the proceeds of the directors' wrongdoing were considered in detail by the Court of Appeal. Reported at Re Tong Tien See Construction Pte Ltd (in liquidation)  3 SLR 76;  3 SLR 241.
- Sydney Casino: Acting in the recovery of loans granted to a patron. The issues adjudicated by the High Court and the Court of Appeal included the novel issue of whether section 5(2) of the Civil Law Act precludes the casino from successfully recovering on loans granted to the patron in Sydney. Reported at Re Star City Pty Ltd  3 SLR 206;  2 SLR 22.
- Vendors: Successfully acting in a litigation arising from the en bloc sale of properties valued at S$25 million. The issues considered by the Court of Appeal included the novel issue of the power vested in the Commissioner of Charities to sanction a sale and purchase, under the terms of the Charities Act. Reported at Re Chileon Pte Ltd  2 SLR 223.
- Various clients: Acting in the restructuring of various listed entities including: Hua Kok International Ltd, Econ International Ltd, Wee Poh Holdings Ltd, Enzer Corporation Ltd, Ho Wah Genting International Ltd and Penton International Ltd.
- Confidential client: Acting in a claim for the return of HK10 million in respect of a share acquisition agreement, which the defendants did not honour. Also asked to obtain a Mareva Injunction in Singapore mirroring that which was obtained in Hong Kong.
- PRC state-owned enterprise: Advising a PRC state owned enterprise in its construction of stations and viaducts for Tuas West Extension (MRT Line).
- Confidential clients: Successfully acting in a claim for the return of their investments in various private equity funds and other direct investments worth in excess of US$100 million, and for, among other things, an account of all the funds that had been entrusted by the clients to the defendants for the clients' investments as aforesaid.
- Confidential clients: Successfully acting in SIAC and HKIAC arbitrations concerning international sale of goods and shareholders’ disputes.
- Asialaw Profiles: Leading lawyer for Dispute Resolution, 2010/2011
- Co-author, "Emergency Reliefs In International Arbitration - A SIAC Perspective," Rodyk Reporter - Arbitration Review, June 2012
- Co-author, "Riddick And Harman: How Far Do They Go?," Rodyk Reporter - Litigation Brief, December 2010
- Co-author, "Landmark High Court Ruling On US Judgment Against Singapore Gambler," Rodyk Reporter - Litigation Brief, December 2008
Activities and Affiliations
- Fellow, Insolvency Practitioners Association of Singapore
- Concepts and Practices in International Arbitration, July 11, 2014
- SSBA 25th Anniversary & Spring Dinner cum Business Forum, February 21, 2014
- Legal Issues and Challenges for Chinese Investments into ASEAN, December 7, 2013
- China Mining 2013 Conference, November 2, 2013
- A Comparison Of Arbitration Regimes: Singapore, Hong Kong SAR And Mainland China, August 14, 2013
- Tips For China Chengdu Companies To Conduct Arbitration In Singapore, August 14, 2013
- Tips For Chongqing Companies To Conduct Arbitration In Singapore, August 13, 2013
- Tips For Chongqing Companies To Conduct Arbitration In Singapore, August 12, 2013
- Talk On Personal Data Protection Act, January 25, 2013
- Joint Seminar On China Related Commercial Dispute Resolution By International Arbitration In Singapore, September 12, 2012
- Doing Business In Overseas Forum 2012, November 22, 2012
- Seminar on Offshore Dispute Resolution By International Arbitration, June 1, 2012
- Present and Future Trends of CAFTA Trade In Goods, Services and Investment, September 26, 2011
- Latest Developments In International Arbitration - A Singapore Perspective, June 29, 2011
- The Legal Aspects And Tips Of Being Engineering Expert Witnesses, October 28, 2009
- Payments/Transactions Of An Insolvent Company That May Be Attacked, May 7, 2009
- Court Of Appeal Clarifies The Meaning And Scope Of 'Financial Assistance' Under s76, Companies Act, April 17, 2008
Prior and Present Employment
- Senior Partner, Dentons Rodyk (formerly Rodyk & Davidson LLP), 2007 – present
- Yeo Wee Kiong Law Corporation, 2003 – 2007
- M/s Ang & Partners, 1999 – 2003
- Yeo Wee Kiong & Partners, 1998 – 1999
- Allen & Gledhill, 1992 – 1998