Profiles

Ashok Kumar Rai

Associate Director

Ashok is a seasoned litigator and qualified arbitrator. He has represented a wide spectrum of clients, in a variety of disputes in the areas of construction, insolvency, shareholder matters, employment, trust and family. Ashok’s experience includes having appeared at all levels of the Singapore courts and acting as lead counsel in court proceedings, arbitrations under the ICC and SIAC rules, as well as adjudications conducted under the Building and Construction Industry Security of Payment Act.

Ashok began his practice in the area of construction and continues to be actively involved in the construction law domain through his work in the Council for the Singapore chapter of the Society of Construction Law.

Experience

Acted in a SIAC arbitration for a supplier of stones against one of Singapore’s largest main contractors. The dispute involves sums exceeding S$2 million and involved issues of defects in the stones supplied, variation orders and allegations of delay.

Acted for a developer of a high-rise office building in a claim against the main contractor and several other parties for defects in the building. The matter involved complex issues of expert evidence. In total, more than 8 experts were engaged by the parties to deal with the issue of causation of the defects.

Acted for a contractor in successfully obtaining an injunction restraining the main contractor from commencing winding up proceedings.

Acted for a sub-contractor in successfully resisting an application to the Singapore court to set aside a determination obtained under the Building and Construction Industry Security of Payment Act.

Acted for shareholders of an education provider in a dispute against fellow shareholders over the misuse of company funds. Successfully secured an order under section 216A of the Companies Act allowing the clients to sue the other shareholders in the name of the education provider.

Represented an Indian FMCG manufacturer in an international arbitration against a major US potato supplier. The dispute arose out of a failed joint venture in India.

Advised a commodities trading group on confidentiality breaches by its former CEO. Advised the client on gathering the evidence necessary to prove that the former CEO had been conspiring with rival companies during his tenure.

Acted for a businessman in a dispute over a settlement agreement. Successfully struck out the court action on the basis that the client did not sign the settlement agreement in his personal capacity.

Acted for a main contractor in successfully suing a major insurance company over a refund of claims reserves amounting to S$1.5 million.

Represented a donee of a lasting power of attorney in successfully resisting an application to revoke the said lasting power of attorney. The matter involved experts testifying on the mental capacity of the donor.

Reported Cases

Koh Kim Teck v Shook Lin & Bok [2020] SGCA 118

Lim Beng Kiat v Mohammad Sarman bin Saidi [2020] SGHC 253

Industrial Floor & Systems Pte Ltd v Civil Tech Pte Ltd [2019] SGHC 50

SC Construction & Renovation Pte Ltd v Jinzhou Construction Pte Ltd [2019] SGDC 98

United Integrated Services Pte Ltd v Civil Tech Pte Ltd and another [2019] 3 SLR 1426

ULP and others v ULS [2018] SGFC 43

Aik Heng Contracts and Services Pte Ltd v Deshin Engineering & Construction Pte Ltd [2015] SGHC 293