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Mark Seah

Senior Partner
Mark Seah

Mark Seah

Senior Partner

“We engaged Mark Seah to represent us in a legal dispute that went to mediation. Mark is highly knowledgeable, professional and very client service-focused. He listened and learned about our business and then skilfully guided us to a swift settlement. He was excellent and we highly recommend him.” – The Legal 500 Asia-Pacific, 2023

“He is extremely knowledgeable on a wide range of matters, and is versatile and pragmatic in presenting client-centric solutions He is exceptionally diligent, a deep-thinking strategist guiding clients through complex legal situations.” – Benchmark Litigation Asia-Pacific, 2023

“Mark Seah is very approachable, responsive and very easy to deal with. No issue is too small or too big – even just a quick email exchange on a small matter, he will attend to with efficiency and expertise. We have great confidence in the advice he gives and he is able to explain complex legal terms in plain English, which makes our position much easier.” – The Legal 500 Asia Pacific, 2022

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“We engaged Mark Seah to represent us in a legal dispute that went to mediation. Mark is highly knowledgeable, professional and very client service-focused. He listened and learned about our business and then skilfully guided us to a swift settlement. He was excellent and we highly recommend him.” – The Legal 500 Asia-Pacific, 2023

“He is extremely knowledgeable on a wide range of matters, and is versatile and pragmatic in presenting client-centric solutions He is exceptionally diligent, a deep-thinking strategist guiding clients through complex legal situations.” – Benchmark Litigation Asia-Pacific, 2023

“Mark Seah is very approachable, responsive and very easy to deal with. No issue is too small or too big – even just a quick email exchange on a small matter, he will attend to with efficiency and expertise. We have great confidence in the advice he gives and he is able to explain complex legal terms in plain English, which makes our position much easier.” – The Legal 500 Asia Pacific, 2022
 

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Mark Seah

Mark SeahSenior Partner

D +65 6885 3652
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  • About
  • Experience
  • Recognition
  • Insights
  • Activities and Affiliations

Mark Seah co-heads the Commercial Litigation practice as a Senior Partner in our Dispute Resolution department. He is also the Singapore-Australasia relationship partner. Mark commands a strong practice in commercial litigation and arbitration involving complex, high value disputes concerning natural resources, Environmental, Social and Governance (ESG) issues, commodities, international trade, supply chains, energy, restructuring and insolvency, derivatives, shareholder and corporate matters and employment. 

He has acted in significant cross-border litigation and in high-profile cases involving in excess of US$1 billion. Regularly appearing before the Supreme Court, Mark has successfully represented a wide spectrum of clients from across the globe. He has advised and represented prominent companies including some of the world’s largest, governments, state owned entities and leading banks.

Mark has also acted as counsel in multi-million dollar international arbitrations under the auspices of the Singapore International Arbitration Centre as well as under other institutions. In this connection, Mark has acted in oil and gas, oil rig and other energy disputes. 

Having acted in both shareholder, partnership and employment disputes, Mark is often sought to represent clients in corporate matters, fraud cases and in risk management. Mark has acted in High Court and Court of Appeal cases concerning equity and trusts and has also successfully represented multi-national companies in carriage disputes. Mark's insolvency practice involves him acting in complex restructuring arrangements. He also regularly advising in liquidation matters, acted in winding up proceedings and has assisted in commercial investigations.

Experience

  • Ok Tedi litigation: Successfully acted as lead counsel for the respondent in resisting the US$1.5 billion appeal to the Court of Appeal against the High Court (General Division)’s decision to strike out the claim brought as a representative action by the Ok Tedi Fly River Development Foundation Ltd (“Foundation”) and others purportedly on behalf of some 147,000 Papua New Guineans. The case has been reported as Ok Tedi Fly River Development Foundation & Ors v PNG Sustainable Development Foundation  Ltd & Ors  [2022] SGCA 74,; successfully acted as lead counsel for the 2nd Defendant in Ok Tedi Fly River Development Foundation v Ok Tedi Mining Limited and others [2021] SGHC 205, which is the High Court (General Division)’s decision. The client, PNG Sustainable Development Program Limited, is a public company incorporated by BHP as part of arrangements reached with the Independent State of Papua New Guinea (“PNG State”) pertaining to BHP’s exit from the Ok Tedi Mine, a major gold and copper mine that delivered tremendous economic and social benefits to Papua New Guinea but caused environmental damage. The matter is the first time that a foreign based representative action of this scale has been brought before the Singapore Courts. The case also spotlighted significant ESG issues and was reported in the Singapore and foreign media. The cross-border litigation also involves related proceedings in Papua New Guinea. 
  • PNG Sustainable Development Program Limited (“PNGSDP”): Successfully acted as lead counsel in for the respondent in the appeal to the High Court (Appellate Division) reported as Rex Paki and Others v PNG Sustainable Development Program Limited [2023] SGHC (A) 24. This case involved cross-border proceedings brought against several individuals and related entities for about AUD7 million in relation to governance issues. The matter also involves related proceedings in Australia and Papua New Guinea. The High Court (General Division)’s decision was reported as PNG Sustainable Development Program Limited v Rex Paki and Others [2022] SGHC 188.
  • PNGSDP: Successfully acted for PNGSDP with Senior Counsel in both the Singapore Court of Appeal and High Court in multiple proceedings brought by the PNG State for control of PNGSDP and its assets worth over US$1.4 billion dollars (reported as Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd [2020] SGCA 44 and Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd [2019] SGHC 68 respectively). Acted for the same client as lead counsel in another related High Court Suit brought by the PNG State in a dispute in excess of US$100 million (stayed). 
  • Major restructuring: Acted in the Hyflux Restructuring for the Trustee of the Perpetual Securities holders (Perpetual), whose claims exceed $500million. The Hyflux Group’s debts are approximately $3 billion, making it one of the largest the restructuring matters in terms of the scale that it affected retail investors, to be brought before the Singapore Courts. Hyflux Group was eventually placed into liquidation, and the matter has been reported in the Singapore and foreign media. Acted in the Ezion restructuring for the investor (Yinson Holdings) in the relation to the intended restructuring by Ezion of its more than $740 million debt. 
  • Commercial investigations: Acted as lead counsel for DBS Trustee Limited (in its capacity as trustee of Eagle Hospitality Real Estate Investment Trust) in relation to electronic discovery matters concerning proceedings before the Singapore High Court (General Division). Acting as team lead for the recovery of about AUD4 million in a cross-border fraud case involving Singapore, Hong Kong and Australia. Acted for Apple Inc, one of the world’s largest companies in the taking of evidence, in the Singapore High Court in aid of foreign proceedings.
  • Arbitration disputes for Singapore public listed company: JAMS administered international arbitration seated in the United States, for the subsidiary of a Singapore public listed company (settled). The cross-border arbitration also involved Dentons United States offices. Previously acted as lead counsel for the wholly owned subsidiary of the same Singapore listed company in a complex shipping related arbitration. The matter concerned numerous claims (including claims for despatch/demurrage and fundamental breach of contract). Led the team to successfully establish a significant part of its claim and to effectively defeat the Respondent’s counterclaim for substantial damages.
  • Korean Multi-National Corporation (“MNC”): Acted as lead counsel for one of the largest Korean MNCs to settle a High Court (General Division) claim via mediation. Acting in High Court proceedings for the same client. 
  • Major commodities trader/fund: Successfully acted as lead counsel in defending a High Court claim in excess of US$11 million and in successfully injuncted the transfer of shares (in excess of US$6 million) in related proceedings. The matter also involved an arbitration. The various proceedings were settled. Also separately acted for the same group in respect of their recovery efforts of about US$25 million in cross border proceedings, which was successful.
  • Former shareholders: Successfully acted for a group of former shareholders of a leading company in the construction industry, in SIAC Arbitration dispute involving several millions. The dispute arose in relation to a sale and purchase agreement and involved complex accounting issues.
  • Foreign telecommunications company:  Acted as lead counsel in a multi-million dollar SIAC arbitration.
  • Educational institutions: Acted as lead counsel in a multi-million dollar arbitration in relation to collaboration agreements.
  • 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. Successfully acted in the High Court proceedings in 2014 to resist the application (reported as AMZ v AXX [2015] 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, where more than US$50 million was at stake. The claims brought by the minority shareholder were successfully resisted.
  • Oil Trader: Successfully acted for a major Singapore oil trading company to defend the arbitration award that it had successfully obtained, in setting aside proceedings brought in the High Court of Singapore.
  • A major gas supplier: Acted in a multi-million dollar arbitration, in relation to a gas sales contract (settled).
  • Shareholders: Acted in a shareholders’ dispute in respect of a group of companies where more than $100 million was at stake (settled). Some of the companies in the group hold prime freehold commercial property. 
  • A leading player in global subsea 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). Also acted in separate disputes, including its claim against a company for about US$4.6 million, a multi-million dollar dispute in relation to four sale contracts concerning cranes and its claims against a shipyard, which also involve insolvency proceedings. 
  • 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 [2013] 4 SLR 947; [2013] 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 [2007] and 1 SLR 411 and Smart Modular Technologies Sdn Bhd and Another v Federal Express Services (M) Sdn Bhd and another [2006] 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).
  • Employment matters: Successfully acted in a leading restrictive covenant decision before the Court of Appeal, Mano Vikrant Singh v Cargill TSF Asia Pte Ltd [2012] SGCA 42 as well as other employment cases, including successfully acting for prominent architectural firm, Ong & Ong Architects in both the High Court and Court of Appeal. Acted for a foreign Government and its High Commission in Singapore on employment matters, including whistleblowing. Acted for an international educational institution in relation to one of its directors.
  • Defamation matters: Acted for major commercial entities and financial institutions, including as lead counsel, in separate commercial defamation proceedings (settled)

Recognition

  • "He is highly professional in his advice, consistently providing information that enables us to make clear decisions. He is always available for advice and is very responsive, making communication easy." – Benchmark Litigation Asia-Pacific, 2025
  • Benchmark Litigation Asia-Pacific: Litigation Star in Commercial and Transactions, 2024 – 2025 
  • The Legal 500 Asia Pacific: Mentioned as key lawyer in the area of Dispute Resolution, Labour and Employment and Restructuring and Insolvency, 2024 - 2025

In the Media

  • Navigating ESG Litigation IFLR,16 August, 2022 
  • “Singapore court rejects appeal to gain control of US$1.5b sustainable development fund,” The Business Times, September 19, 2022
  • “Singapore expands litigation funding scope for insolvency cases,” IFLR, July 5, 2022
 

Insights

  • "Directorship in a shifting ESG landscape," Dentons Rodyk Reporter Issue 05 (2024)
  • "Flexible work arrangements – next steps for employers (Japanese)," Dentons Rodyk Reporter Issue 05 (2024)
  • "Flexible work arrangements – next steps for employers," Dentons Rodyk Reporter Issue 04 (2024)
  • "Case commentary on Rex Lam Paki v PNG Sustainable Development Program Ltd [2023] SGHC(A) 24: The court’s inherent powers in service of procedural and substantive justice," Dentons Rodyk Reporter Issue 05 (2023)
  • "Case commentary on Liu Shu Ming and another v Koh Chew Chee and another matter [2023] SGHC(A) 15: He who asserts must prove," Dentons Rodyk Reporter Issue 04 (2023)
  • Co-author, “New Courts, new procedures and renewed access to justice: Key developments since 2021 and what to expect over the horizon,” Chambers and Partners (2022)
  • Co-author,“Singapore: Effective ecosystems of arbitration – Key developments since 2021 and what to expect moving ahead,” Chambers and Partners (2022)
  • “Singapore Court of Appeal clarifies the effect of foreign illegality on the law of unjust enrichment: Part I of Commentary on Esben Finance Ltd and others v Wong Hou-Lianq Neil [2022] SGCA (I) 1,” Singapore Law Watch, JD Supra, Dentons Rodyk Reporter Issue 02 (2022)
  • “Singapore Court of Appeal sets out the principles for recognising lack of consent as an unjust factor: Part II of Commentary on Esben Finance Ltd and others v Wong Hou-Lianq Neil [2022] SGCA (I) 1,” Singapore Law Watch, JD Supra, Dentons Rodyk Reporter Issue 02 (2022)
  • “Whose money is it? A look at garnishee proceedings and joint-bank accounts in Timing Ltd v Tay Toh Hin and anor [2021] SGHC 5,” Singapore Law Watch, JD Supra, Dentons Rodyk Reporter Issue 02 (2021)
  • “Simplified Insolvency Programme,” Singapore Law Watch, JD Supra, Dentons Rodyk Reporter Issue 03 (2021)
  • “The Insolvency, Restructuring and Dissolution Act 2018 – A New Chapter in Singapore’s Insolvency Laws,” JD Supra, Dentons Rodyk Reporter Issue 05 (2020)
  • Co-author, “Surviving the COVID-19 crisis – A legal perspective for businesses and corporates in Singapore,” Dentons Rodyk Reporter Issue 03 (2020)
  • Co-author, "Corporate and individual bankruptcy under one roof," Mondaq, Dentons Rodyk Reporter Issue 04 (2018)
  • "An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award," Mondaq, Construction &Arbitration Update Issue 03 (2016)
  • Co-author, "An award set aside - The end of the road or the beginning of a new one?," Construction & Arbitration Update Issue 02 (2016)
  • "SCMA Rules 3rd Edition - A commentary on the recent amendments," Dentons Rodyk Reporter 02 (2016)
  • Co-author, "High Court Refuses To Set Aside An International Arbitration Award," Construction & Arbitration Update Issue 01 (2016)
  • "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 September 2005

Activities and Affiliations

Appointments

  • Mediator, Law Society Mediation Scheme Panel of Mediators
  • Member, Inquiry Panel, Law Society of Singapore
  • Member, Panel of Solicitors, Legal Aid Bureau
  • Member, International Bar Association
  • Italian Chamber of Commerce (relationship partner)
     

Presentations

  • Global Data Privacy, Cyber Security & GRC ConfEx, Singapore (2022), Panel Discussion 
  • Italian Chamber of Commerce (Singapore) (2020), Speaker
  • SIAC Manila Conference (2019), Panel Discussion 
  • International Bar Association, Rome (2018), Panel Discussion
  • Employment Law and HR Management Masterclass
  • Lease and Tenancy Masterclasses

Prior and Present Employment

  • Senior Partner, Dentons Rodyk & Davidson LLP (formerly Rodyk & Davidson LLP), 2004 - present
 

Contact information

SingaporeLocal time
D+65 6885 3652
 

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Areas of focus

  • Arbitration
  • Commercial Litigation
  • Employment Disputes
  • Insurance Litigation and Arbitration
  • Intellectual Property Litigation
  • Litigation and Dispute Resolution
  • Restructuring, Insolvency and Bankruptcy

Education

National University of Singapore, 2003, LLB, (2nd Class Hons, Upper Division, Dean's List)

Admissions and qualifications

Advocate and Solicitor, Singapore, 2004

Singapore Mediation Centre (SMC) Accredited Mediator, Singapore

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