Prakaash is Head of the Shipping Department in Oon & Bazul.
Prakaash specialises in commercial litigation and arbitration with a focus on international commodity trade, trade finance, marine insurance and “dry” shipping work (including charterparty and bill of lading disputes).
Prakaash has been spotlighted by legal publications as being “business-oriented and practical” (Chambers & Partners) and for providing “timely, practical, and focused solutions on a cost-effective basis” (The Legal 500). He has also been recognised as an Accredited Specialist for Maritime and Shipping Law by the Singapore Academy of Law’s Specialist Accreditation Scheme. The accreditation scheme serves as a mark of recognition for legal professional excellence in their specialised areas of practice.
He has substantial expertise in handling disputes involving misdelivery claims and also the knock-on indemnity claims under letters of indemnity which are issued for the delivery of cargo without presentation of original bills of lading. He also has particular expertise handling trade finance disputes including letters of credit, bills of exchange and documents against acceptance transactions. He has advised trade financing banks based in Singapore and commodity trading houses on trade finance litigation, including the ICC DOCDEX dispute resolution procedure. Prakaash also regularly advises clients on sanctions related matters, including the impact of the US, EU and UN sanctions on businesses based in the region.
He regularly represents financiers in multi-jurisdictional enforcements and also frequently acts for marine insurers (P&I, H&M and cargo) and for insurance claimants.
The international nature of his practice often necessitates taking account of legal issues and the court procedures of multiple jurisdictions. He not only regularly appears in the Singapore Courts including the Singapore International Commercial Court (SICC) but has also acted as counsel in international arbitrations, both ad hoc and institutional, including LCIA, ICC, SIAC, KCAB, GAFTA, FOSFA, LMAA and SCMA arbitrations.
Prakaash serves as a member of the Inquiry Panel of the Law Society of Singapore on the appointment of the Honourable Chief Justice. He is also a member of Legal & Insurance Committee of the Singapore Shipping Association (SSA), the SCMA SEADOCC Promotion Committee and the London Grain and Feed Trade Association (GAFTA). He also sits on the Steering Committee of the International Fraud Group (IFG), which is a global network of lawyers who specialise in tracing, freezing, seizing, and recovering stolen assets.
- Acted as lead counsel before the Singapore International Commercial Court (SICC) to successfully resist attempts to set aside arbitration awards involving claims in excess of US$108 million. The decision by Justice Simon Thorley QC, sitting as an International Judge of the SICC, is reported in CEV v CEC and others [2020] SGHC(I) 11.
- Acting for various regional and international energy trading companies on misdelivery claims exceeding US$230 million. Successful in obtaining unconditional leave to defend in several actions proceeding before the Singapore Courts, including (i) The Miracle Hope (unreported), (ii) Standard Chartered Bank (Singapore) Ltd v Maersk Tankers Singapore Pte Ltd (Winson Oil Trading Pte Ltd, intervener) [2022] SGHC 242, and (iii) The “STI Orchard” (Winson Oil Trading Pte Ltd, intervener) [2022] SGHCR 6, which has been affirmed on appeal (unreported).
- Successfully acted for bunker barge owners to defeat a misdelivery claim in the landmark decision of The “Luna” and another appeal [2021] SGCA 84. The Singapore Court of Appeal held that documents labelled “bills of lading” issued by local bunker barge operators were not true bills of lading that evidenced contracts of carriage or functioned as documents of title.
- Acted for a Chinese shipowner in attempting to resist a US$8 million claim by a financial institution for misdelivery of cargo. The case involved novel issues on ‘spent’ bills of lading and interpretation of the Singapore Bills of Lading Act. The case is reported in The “Yue You 902” [2019] SGHC 106.
- Successfully acted on behalf of Canada’s largest ocean-going, dry-bulk shipowning and chartering company to take out an anti-suit injunction against insurers in Philippines bringing a subrogated cargo claim.
- Acting for a trade finance bank in pursuing recovery actions against Hin Leong Trading Pte Ltd and its associated entities in respect of the bank’s exposure under trade financing agreements. The matter involves allegations of fraud and involves exposure of approximately US$3.85 billion to 23 banks.
- Acted as lead counsel in a 10-day Singapore High Court trial on behalf of the trading arm of a multinational conglomerate to defend a claim brought by Chinese shipowners over a dispute on the unauthorised issuance of bills of lading which resulted in the arrest of the vessel in India. The dispute involves various interesting issues relating to the law on conspiracy, dishonest assistance, agency and vicarious liability.
- Successfully acted on behalf of a leading coal trading company to take out an injunction before the Singapore Courts to stop payment on a Letter of Credit based on a fraud committed by the Indonesian shippers.
- Acted on behalf of a Swiss-based group of companies for a claim on a refund guarantee issued in respect of a shipbuilding contract entered into with one of Vietnam’s largest shipyards.
Sanctions
- Assisting a multinational company in the oil and gas trade with investigations into apparent violations of sanctions against North Korea.
- Represented several companies to submit applications to OFAC to unblock or remove the restrictions on funds that have been blocked or restricted due to OFAC sanctions.
- Advising companies and individuals on matters involving international and unilateral sanctions against Iran, Russia, Myanmar and North Korea.
- Prakaash is ranked as an ‘Up and Coming’ lawyer by Chambers Asia-Pacific and Chambers Global, where he is described as being “business-oriented and practical” and well known in the market for his growing shipping litigation practice in Singapore.
- Prakaash is recognised as a key lawyer by The Legal 500 with client feedback that he provides “timely, practical, and focused solutions on a cost-effective basis”.
- Asialaw Profiles ranks Prakaash as a “Rising Star“.
- Prakaash was 1 out of only 3 lawyers who were recognised as an Accredited Specialist in Maritime and Shipping in 2022. The accreditation scheme serves as a mark of recognition for legal professional excellence in their specialised areas of practice. The newly minted accreditations were announced following a stringent year-long assessment process conducted by an independent selection committee, comprising judges and senior industry representatives.
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