Nandakumar Ponniya

Kumar has a broad focus on dispute resolution with a focus on international arbitration, commercial litigation, and corporate restructuring and insolvency. Kumar has an in-depth understanding of the legal and regulatory frameworks of the major Asian markets. His wealth of experience is drawn from handling disputes for government, state-owned enterprises, multinational corporations and regional industry leads arising from a variety of commercial transactions and investments, as well as complex engineering and development projects in Singapore, ASEAN and the wider Asia Pacific region.

He has had conduct of international arbitrations involving all the major arbitral rules including ICC, SIAC, HKIAC, KLRCA, BANI, UNCITRAL and ICSID; with hearings in multiple jurisdictions such as Singapore, Kuala Lumpur, Jakarta, Hong Kong, London and Mexico City. He also advises on investment arbitration, particularly in relation to matters in Asia.

Kumar's litigation experience encompasses disputes in the areas of corporate and commercial law, banking and financial services, construction law and corporate restructuring. He has acted for clients across various industry sectors such as banking and financial services, infrastructure and construction, oil and gas, power, technology and telecommunications.

He is well-versed in the mechanics of corporate restructuring and has a keen understanding of insolvency regimes across the region. He has significant experience with several large and complex restructuring deals relating to major projects in Singapore and the region, as well as the distressed debt restructuring of many large corporations in Asia.

• Represented the majority shareholder of an industry leader in a dispute with the minority shareholder, valued at approximately SGD 600 million, including defending a claim for minority oppression in the Singapore Courts alleging breaches in respect of non-disclosure of information and documents, exclusion from management, as well as mismanagement of assets. 
• Representing a global specialist engineering contractor in two actions at the Singapore courts in respect of claims arising out of the fabrication of various structural components in Indonesia, valued in excess of USD 50 million, for oil & gas facilities in Russia and Indonesia.
• Representation of a global oil company in ICC arbitration proceedings for claims in excess of USD 600 million in respect of an oil & gas concession to resolve disputes over the costs of exploration and production over a 25-year period. 
• Advised an oil and gas company on its creditor rights in a restructuring of approximately USD 1 billion worth of debt owed by a petrochemical company, arising out of various agreements governed by Indonesian and New York law.
• Advised a major petrochemical company on its creditor rights in the potential restructuring arising out of a consortium investment for the construction and operation of a refinery plant worth USD 2.4 billion.
• Represented a consortium comprising an Asian contractor and a European specialist contractor in ICC arbitration proceedings valued in excess of USD 1 billion concerning a dispute with a state petroleum company arising from the modernization and expansion of oil refinery and pipeline facilities, involving claims of additional works; unjust enrichment; delay and disruption; acceleration and loss of labor productivity.
• Represented and secured an award in favor of the developer in a SIAC arbitration against a joint venture contractor company relating to the construction of a tower project in a Southeast Asian country and valued at USD 127 million, where the client sought to claim delay damages for the contractor's failure to deliver the project on time.
• Successfully represented a South Korean construction company in an arbitration in recovering various heads of damages against a sub-contractor in a high profile project in Singapore valued approximately at SGD 700 million.
• Advising a state-owned energy company on various disputes with a foreign investor arising out of the failed development of a coal bed in the host state, including defenses against ICSID proceedings provided for in the underlying PSA.
• Advising a state-owned energy company in respect of various disputes with its foreign joint venture partner in an offshore oil and gas block arising out of environmental damage caused by operations at the block, including the commencement of ICSID and commercial arbitration proceedings.

• The Law Society of Singapore
• Singapore Academy of Law
• Society of Construction Law, Singapore
• Singapore Mediation Centre (Accredited Associate Mediator)
• Chartered Institute of Arbitrators