IFLR 1000
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Singapore

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Financial and corporate - Local firms

Banking - local firms

Capital markets - local firms

Mergers and acquisitions - local firms

Restructuring and insolvency - local firms

With the general trend in so many jurisdictions being a notable lack of liquidity, Singapore is fortunate to be witnessing a gradual return of free capital. New lending is certainly nowhere near the levels witnessed before the credit crisis, but optimism is abundant and a number of notable acquisition finance deals point to the fact that banks are beginning to emerge from hibernation.

However, restructuring and refinancing work remain the main driver for most practices as banks continue to put their houses in order following the shake-up of the last few years. Even with increased confidence and slight return of liquidity large institutions will be conscious of the need to maintain, and in most cases increase, their core capital base in line with new regulations and not to risk too much at this point on new ventures.

With the market on the up, foreign firms will hope to benefit. In January 2011 the government finally ratified the Foreign Practitioner Certificate (FPC), allowing foreign lawyers to sit the Singapore bar exams. Certainly this will further increase the scope of international firms on more domestic focused mandates and continue the gradual liberalisation of the market.

However, some firms are not convinced that will lead to a dramatic change in the landscape. Domestic banks only account for a limited proportion of new lending in the market and a lot of these more localised mandates are already well served by the local firms. Indeed, it may prove to be an un-profitable venture for international firms to compete with domestic outfits for this work.

A more likely outcome is that it will simply allow international firms to offer more flexibility to their clients, reducing the need to call in additional counsel as and when more specific Singaporean elements arise on the larger cross border deals.

Arguably the biggest event in the Singapore capital markets space last year was the proposed merger between the Singapore Stock Exchange (SGX) and its Australian counterpart (ASX). With an agreement reached in October 2010 the $8.4 billion deal will see the combined operation become the second largest exchange in the Asia-Pacific region creating a $1.9 trillion market.

The details of the deal would see SGX bid for all shares in ASX through a scheme of arrangement creating a $1.9 trillion market and providing investors with access to 2700 listed companies. Both exchanges will retain their own names.

The merger is an attempt to bring together the strengths of each entity and create a credible competitor and an alternative to the Hong Kong Stock Exchange.

It certainly bodes well for firms, which will hope that a strong stream of new IPO mandates flows forth if the merger goes ahead. Indeed, the exchange already seems to have raised its profile when it was announced in August 2011 that Manchester United Football Club, which is owned by the Glazer family would be seeking to list the club on the exchange in an attempt to raise $1 billion in new capital. The deal had originally been planned for Hong Kong, however the exchanges' rules disallowed this on account of the Club's debts.

This news aside, the last year has remained relatively stable on the equity side with enough mandates to satisfy the big firms but arguably still not enough to support a deepening of the legal market.

Indonesia remains a focus, with work arising from investment linked to the country's natural resources and Singapore being the obvious destination for energy or mining company's to list. However the holy grail remains Chinese listings, with regulators desperate to tap into the immense potential represented by Chinese corporates. The issue of course is that such companies have a natural home on the Hong Kong exchange, therefore new strategies will need to be put in place to break those historical and geographical links and make Singapore a more favourable option.

On the debt side Islamic finance continues to represent an interesting source of work and the last year saw the largest ever sukuk (Islamic bond) done in Singapore issued by Khazanah Nasional Berhad at S$1.5 billion ($1.2 billion).

The country’s M&A market remains relatively healthy. Although work is not as buoyant as it was in 2009 heading into 2010, there remains a good pipeline particularly in core areas such as natural resources and energy.

In this last area, one of the year's largest deals saw investment vehicle Vallar acquire stakes in Bumi Resources and Berau Cola Energy for $3 billion. The Nathan Rothschild controlled company followed this with a $2.1 billion bid for Bumi Resources Minerals in a move to greatly increase its options and assets in Indonesia.

For most firms the bulk of their project finance practice remains linked to energy and natural resources projects. Singapore remains a hub in Southeast Asia for these types of projects due to its relatively advanced finance markets and the experience that its banks have in the area.

With the demand for infrastructure in many countries in the region still at a high level, Singapore also acts the regional point of reference, providing new projects with a localised template rather than having to look for examples out of Europe or America.

Despite this great demand there is still in some cases a reticence on behalf of certain banks to lend to projects, which fall outside their comfort zone. A certain level of conservatism still exists and many institutions are still only willing to lend to a tried and tested client base.

Export Credit Agencies (ECAs) continue to play a major role in financing and indeed can often have a secondary role providing confidence, through their presence on deals, to the local banks.
Interest in PPP's (public-private partnerships) continues apace and Singapore continues to be a trailblazer in the region for these types of deals.

Restructuring and insolvency work has not really touched the heights that people expected in the wake of the credit crunch. This is partly down to the fact that Singaporean banks were perhaps not as badly exposed to those deals and products that caused the most damage.

This is not to say that they were not effected and despite a slight pick-up, a relatively low level of liquidity points to the fact that many institutions still have issues of concern on their balance sheets and are simply playing an elongated game of extend and pretend.

This attitude is helped by the general atmosphere in the country, which encourages actions and procedures tilted towards rescue and recovery rather than those which could lead to insolvency.

However this approach has been tested at times when cases have gone as far as the courts. For example, in November 2010 DBS Bank had, for one of its debtors, stopped short of calling in a loan despite the company's repeated failure to repay the amount and had instead settled by taking a charge over shares. This was deemed by the court to be an unfair preference towards one creditor at the expense of others. While this does, as many would deem correct, encourage creditors to be treated equally, such decisions reduce the options available when trying to find an amiable solution, which may in turn lead to more protracted negotiations.

In general though both banks and companies are keen to avoid the courthouse and as a result firms have seen themselves called upon to act as negotiators.

Allen & Gledhill

Allen & Gledhill remains one of the pre-eminent local firms in Singapore. The firm is strong across all practice areas and has been on a strong drive to consolidate it position in the capital markets.... [more]

Leading lawyers
Andrew Chan
Margaret Chin
Mark Hudspeth
Andrew Lim
Eugene Ooi
Tan Tze Gay
Lucien Wong

Colin Ng & Partners

Colin Ng & Partners has had a difficult year, with peers panning its performance across several practice areas. Regardless, the firm has been quite active, participating in several highlight deals.... [more]

Leading lawyers
Elaine Beh
Bill Jamieson
Tan Min-Li

Drew & Napier

Drew & Napier remains one of the market leaders in the restructuring and insolvency area, which is built on the strong foundations provided by its litigation practice and driven forward by a number of key individuals.The market highlights a number of partners within the team, but it is Julian Kwek in particular who seems to be a favourite among clients.... [more]

Leading lawyers
Sandy Foo
Julian Kwek
Valerie Kwok
Sushil Nair
Gary Pryke
Boon Ann Sin
Wee Kiong Yeo

Duane Morris & Selvam

Selvam have established a joint venture with Philadelphia firm Duane Morris, and is now named Duane Morris & Selvam in regard to international work. The firm has also rebranded its local practice name from Arfat Selvam Alliance to Selvam.... [more]

Leading lawyers
Krishna Ramachandra
Arfat Selvam
Leon Yee

Other notable - Harry Elias

Harry Elias has added to its practice this year, hiring partner Linus Ng from Robert Wang & Woo and partner Douglas Koh, a lateral hire from Drew & Napier. In a highlight deal, Koh and partner S.... [more]

KhattarWong

Traditional heavyweight KhattarWong has experienced trouble as managing partner Tan Chong Huat left in July 2011 to be a founding partner of new firm RHT Law. He took 53 lawyers with him, but the largest blow in the firm's practice is that seven equity partners followed Tan to the new firm.... [more]

Other notable - LegisPoint

LegisPoint is a boutique firm that focuses on its banking and finance practice. It has worked on several high-value transactions this year, including the establishment of a US $63 million revolving facility.... [more]

Rajah & Tann

After a tumultuous year in 2009, which saw three partners leave the firm, Rajah & Tann has been in a period of consolidation in the past year. The firm retains its position across the tables and is still seen as a major player in M&A and capital markets.... [more]

Leading lawyers
Patrick Ang
Kim Huat Chia
Kian Hwee Goh
Eng Beng Lee

Other notable - RHT Law

RHT Law is a new firm founded this year by former KhattarWong managing partner Tan Chong Huat, who is a capital markets specialist, and senior partners Rajah Menon and Hee Theng 24 KhattarWong partners have left the firm to join RHT Law, with a total of 105 lawyers and staff having joined the firm. RHT Law intends to cultivate an international presence, especially in the practices of intellectual property and capital markets.... [more]

Leading lawyers
Ch'ng Li-Ling
Lawrence Wong

Rodyk & Davidson

"I think that Rodyk & Davidson has reasonable rates and a solution-driven focus," a client says, "They don't just come up with legalese that just protects the firm, but instead keep business realities in mind when coming up with solutions."Rodyk and Davidson have been quite active in the banking and M&A practices this year, and peers have taken note.... [more]

Leading lawyers
Jacqueline Loke
Valerie Ong
Doreen Sim

Shook Lin & Bok

Maintaining its strength in corporate M&A, Shook Lin & Bok has worked on some impressive mandates in the last year, further boosting its profile in the corporate space.One such highlight for the firm this year was working on one of Singapore's largest M&A deals, with partners David Chong and Teo Yi Jing acting for Morgan Stanley in the S$10.... [more]

Leading lawyers
David Chong
Vinodh Coomaraswamy
Wong Gang
Sarjit Singh Gill
Teo Kiang Kok

Stamford Law

The market still views Stamford as a highly skilled boutique. It does not have the same capacity in terms of manpower as other firms in the market, but the advantages of being more focused in terms of mandates are clear and commentators say the firm's partners are able to give their full attention to specific deals rather than being stretched across a number of projects.... [more]

Leading lawyers
Susan Kong
Ashok Kumar
Suet Fern Lee
Joo Khin Ng
Wai Ming Yap

Other notable - Straits Law

Straits Law has been involved in some landmark deals this year on the corporate and M&A front. Steven Lo advised Chuan Hup Holding in its S$57 million ($43 million) mandatory cash offer for PCI Limited, an unusual takeover attempt in which both companies were publicly listed.... [more]

TSMP Law Corporation

The arrival of partner Ashok Kumar at TSMP Law Corporation in January 2011 indicates growing ambition in regard to the firm's restructuring and insolvency practice. Kumar, formerly head of restructuring and insolvency at Stamford Law, now leads the same area at TSMP.... [more]

Leading lawyers
Ashok Kumar
Stefanie Yuen Thio

WongPartnership

After its split from Clifford Chance in 2008, the market was curious to see how the WongPartnership would adapt and evolve without its international partner. In truth, apart from a few initial partner departures, the transition has been relatively smooth and now the firm is beginning to build again in key areas.... [more]

Leading lawyers
Alvin Chia
Rachel Eng
Wai King Ng
Manoj Sandrasegara
Susan Wong
Alvin Yeo

See also

Singapore
Asia-Pacific

Practice areas

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