Emmanuel Chua

Emmanuel Chua

Principal
Baker & McKenzie Wong & Leow

Biography

Emmanuel is a senior dispute resolution lawyer with expertise in commercial, banking and finance disputes, special situations and restructuring and insolvency matters. He represents clients before all levels of the Singapore Courts (including the Singapore International Commercial Court) as well as in international arbitration proceedings.

Emmanuel is recognised as a leading lawyer in major legal directories including Chambers ("extremely impressive advocate", "sophisticated in his practice"), Legal 500 ("excellent lawyer", "very sound…practical and commercial"), Who's Who Legal: Southeast Asia (Recommended) and Benchmark Litigation (Future Star). He features in the prestigious Global Restructuring Review 40 under 40 list of the most highly regarded restructuring and insolvency professionals globally, and was also inducted by Asian Legal Business in its inaugural Super 50 Disputes Lawyers list recognizing the top disputes practitioners based in Asia.

Within the Firm, Emmanuel sits on the Global Restructuring and Insolvency Steering Committee. He is also on the panel of arbitrators of a number of prominent arbitral institutions.

Emmanuel previously co-led the international disputes function in a US oil & gas supermajor, where he managed significant litigation, investigations and crisis management matters across Asia, Middle East, Europe and Africa.

Practice Focus

Emmanuel focusses his practice on commercial and financial dispute resolution, with specific expertise in the restructuring and insolvency space where he leads and manages contentious and consensual restructurings (including judicial management / administration), formal insolvencies and enforcement and recovery litigation.

Emmanuel has acted in some of the most prominent Asian-focussed cross-border restructuring and insolvency matters in recent years, representing debtors, creditors and officeholders in myriad complex litigation proceedings including moratorium applications, contested scheme of arrangements, security enforcement, cross-border recognition (under the UNCITRAL Model Law and otherwise), judicial management and avoidance actions. He also has significant experience navigating established overseas insolvency processes including under Chapter 11 and 15 of the US Bankruptcy Code and the English Insolvency Act.

Emmanuel is also active in the arbitration space, regularly appearing as counsel in arbitrations under a range of institutional rules (including the ICC, SIAC, LCIA) and in ad hoc arbitrations, including as lead counsel. He has served as arbitrator (sole and on a three-member panel) in international arbitration proceedings.

Leveraging this experience, Emmanuel regularly advises on pre-dispute risk avoidance and mitigation strategies, including contingency planning, group structuring and strategic advice, often from a cross-jurisdictional perspective.

Representative Legal Matters

Restructuring and Insolvency

  • Representation of PT Garuda Indonesia in ongoing efforts to secure recognition overseas of its Indonesian PKPU proceedings. In Singapore, this culminated in the landmark decision of the Singapore International Commercial Court (SICC) in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) 1.

  • Representation of one of the largest energy companies in Thailand in an application to put a debtor under judicial management in Singapore. The matter involved an examination of a debtor’s ability to resist insolvency related proceedings by reference to an arbitration clause in the underlying agreement, and is reported in Gulf Int’l Holding Pte Ltd v. Delta Offshore Energy Pte Ltd [2023] SGHC 151.

  • Advising PT Pan Brothers Tbk in the landmark USD 400 million restructuring of its syndicated, bilateral and bond debts in Singapore. In support of the restructuring exercise, the Singapore courts granted a six month moratorium with worldwide application.

  • Acting for an ad-hoc committee in the USD 390 million debt restructuring of the PT Modernland Realty group in Singapore.

  • Advising PT Pertamina Persero in the high profile winding up of its trading arm, PETRAL, in Singapore and Hong Kong.

International Arbitration and Litigation

  • Advising Universal Terminal (S) Pte. Ltd. and UT Singapore Services Pte. Ltd. in relation to the highly complex and high-profile proceedings relating to the Hin Leong Trading Pte Ltd bankruptcy - one of the largest workouts currently ongoing in Singapore and the region, valued at over USD 3.6 billion.

  • Acting for a Philippines conglomerate in a high value SIAC arbitration in a JV dispute relating to a national tollways projects in the Philippines.

  • Acting for a US-listed pharmaceutical company in a high value ICC arbitration (valued at over USD 500 million) relating to the development and commercialization of a new drug under a master research and licensing agreement.

  • Acting for a foreign public listed company in an Malaysia seated arbitration (valued at over USD 2 billion) against a Malaysian state government for breach of a development agreement.

  • Acted for the administrator of an estate in a complex series of litigation involving family arrangements and oral trust, involving trust assets in excess of SGD 60 million (Khoh Chen Yeh Shane v Seng Realty & Development and anor [2012] SGHC 79).

Professional Honors

  • Global Restructuring Review, 40 under 40 (recognising 40 of the world's leading restructuring specialists, aged 40 and under), 2022
  • Asian Legal Business, Asia Super 50 Disputes Lawyers, 2021 and 2022
  • Asian Legal Business, Asia’s top 40 lawyers under the age of 40, 2022
  • Who's Who Legal: Southeast Asia (Recommended)
  • Benchmark Litigation (Future Star)

Professional Associations and Memberships

  • Turnaround Management Association - Member
  • INSOL - Member
  • Panel Arbitrator, Asian International Arbitration Centre
  • Panel Arbitrators (Reserve), Singapore International Arbitration Centre
  • Trainer, Trial Advocacy and Insolvency modules, Singapore Institute of Legal Education (for the Singapore Bar Examinations) Education and admission

Admissions

  • Singapore (2009)

Education

  • National University of Singapore (LLB, Honours) (2008)

Languages

  • Bahasa
  • English
  • Mandarin

Publications (selected)

“Ipso Facto Restrictions in Singapore: Challenges and Best Practices”, Global Restructuring Review, 14 June 2024

“Forum Shopping in Asian Restructuring”, Asian Business Law Journal, , 6 July 2021

Contributor, Arbitration in Singapore: A Practical Guide, Sweet & Maxwell, 2nd ed., 2018 (Interlocutory Applications)

Contributor, Financial Services Litigation, Getting the Deal Through (GTDT)" Lexology, 2018 ed. (Chapter on Indonesia)

Contributor, Litigation Funding, Getting the Deal Through (GTDT)," Lexology, 2018 ed. (Chapter on Singapore)

“Singapore’s New ‘Supercharged’ Scheme of Arrangement," 5 Butterworths Journal of International Banking and Finance Law 282, 2017