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Gerard Quek

Partner   |  
Advocate & Solicitor (Singapore)

Gerard’s main areas of practice include fraud and asset recovery, commercial disputes, financial services law and regulation and shipping litigation.

key areas of practice

  • International Arbitration
  • Corporate Commercial & Civil Litigation
  • Financial Regulatory Compliance and Advisory
  • Fraud, Asset Recovery and Investigations
  • Lead - China & Thailand Desk
  • Corporate Practice

Gerard’s main areas of practice include fraud and asset recovery, commercial disputes, financial services law and regulation, commercial practice and shipping litigation. Gerard is also involved in and has assisted clients with numerous international trade and cross border matters, particularly matters in China, Malaysia and Thailand. Gerard also regularly provides commercial advice on how to strategically navigate the barriers of entry into a new business landscape.

 

Gerard has also co-authored the annotations of three statutes, namely the Hire-Purchase Act, the Sale of Goods (United Nations Convention) Act and Terrorism (Suppression of Financing) Act. These annotations have been published under the Annotated Laws of Singapore.

 

Prior to joining PDLegal LLC, Gerard was based in London, working for a reputable UK Law firm in their Maritime & International Trade department. He assisted with multiple matters including a complex arbitration dispute that involved a wrongful termination of contract for the operations of a copper mine in Zimbabwe.

 

Gerard is frequently instructed on complex matters by reputable organisations and regularly argues before the Supreme Court of Singapore as lead counsel. In particular, Gerard currently acts for 154 Claimants in a representative action where the Claimants are claiming approximately S$47 million in a multi-jurisdictional scam. Gerard had successfully argued for a world-wide Mareva Injunction order against eighteen defendants in the said suit.

 

Clients of Gerard have stated that “he has an eye for detail”, “is technically and commercially astute” and “can grasp complex industry practices quickly”. Gerard was also shortlisted as a Finalist in the Asian Legal Business Southeast Asia Law Awards 2020 for the category of Young Lawyer of the Year and featured as one of Singapore’s 21 Most Influential Lawyers Aged 40 and Under, by the Singapore Business Review. More recently, Gerard has been recognised by Asian Legal Business as one of Asia’s 40 Under 40 Lawyers.

 

The aforementioned list featured the region’s best lawyers under the age of 40. The lawyers on the list were selected from over 400 applicants from international and domestic firms across 10 jurisdictions: Singapore, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Philippines, Thailand & Vietnam. The lawyers were selected based on the quality and complexity of their work, recommendations from clients and colleagues, and their potential for future growth.

 

Since 2017, Gerard was appointed Legal Advisor to the Association of Catering Professionals Singapore (members comprise around 145 MNCs and listed companies).

 

Gerard is passionate about serving the community and regularly takes on matters on a pro bono basis with the support of the firm.

 

Gerard(文江)的主要业务领域包括欺诈和资产追回、商业纠纷、金融服务法律法规、企业服务和航运诉讼。文江也参与并协助客户处理各种国际贸易和跨国事务,特别是关于中国、马来西亚和泰国的事务。文江也经常提供商业建议,包括如何从战略性的进入新市场。

 

文江也合作编写了三部法规的注释,即《租购法》、《货物销售(联合国公约)法》和《恐怖主义(制止资助)法》。这些注释已在《新加坡法律注释》(Annotated Laws of Singapore)中出版。

 

在加入PDLegal LLC之前,文江驻伦敦为一家著名的英国律师事务所的海事和国际贸易部门工作。他协助处理了多项事务,其中包括一项复杂的仲裁纠纷。该纠纷涉及了一个津巴布韦铜矿经营合同的非法终止。

 

文江经常被拥有优良声誉的组织委托指导复杂的问题,并作为首席律师定期在新加坡最高法院进行辩论。值得一提的是,文江目前代表154名索赔人在一项多司法管辖区的骗局中索赔约 4700万新币。文江成功地在上述诉讼中取得了针对18名被告的全球玛瑞瓦禁令 (Mareva Injunction)。

 

文江的客户对他表达了充分的肯定,“他善于发现细节”,“在技术上和商业上都很精明”,“能够快速掌握复杂的行业规则”。文江最近还入围了“亚洲法律商业东南亚法律奖2020”的年度青年律师奖(“Asian Legal Business Southeast Asia Law Awards 2020)。最近,文江被《亚洲法律事务》评为亚洲40位40岁以下律师之一。该榜单介绍了该地区40岁以下的最佳律师。该名单上的律师是从10个辖区的400多名申请人中选出的。这些辖区包括新加坡、香港、印度、印度尼西亚、日本、韩国、马来西亚、菲律宾、泰国和越南。 该名单上的律师是根据他们工作的质量和复杂性、客户和同事的推荐以及他们未来的发展潜力而被选中的。

 

自2017年起,文江被任命为新加坡餐饮专业人士协会 (“the Association of Catering Professionals Singapore“)的法律顾问(成员包括约145家跨国公司和上市公司)。文江热衷于为社区服务,并在公司的支持下定期提供无偿的法律服务。

key areas of practice

  • International Arbitration
  • Corporate Commercial & Civil Litigation
  • Financial Regulatory Compliance and Advisory
  • Fraud, Asset Recovery and Investigations
  • Lead - China & Thailand Desk
  • Corporate Practice

Areas Of Practice And Experience

Civil and Commercial Disputes

  • Gerard acts for 154 Claimants in a representative action. A representative action is unique in nature and uncommon in Singapore. The Claimants are claiming approximately $47 million in a multi jurisdiction scam. The alleged scam involved the setting up of sham and façade companies. These companies were used to induce investors to invest in the same with promises of guaranteed exorbitant interest returns (around 70% to 120%) on invested sums. Gerard successfully argued for a world-wide mareva injunction order against eighteen defendants in the said suit.
  • Gerard acts for the husband of Madam He Ying (the “Deceased”). In summary, the Deceased swam in the swimming pool of a Hotel and drown shortly after entering the said pool. A Coroner’s hearing was held and the summarised facts and findings can be found in the following link: https://www.tnp.sg/news/singapore/shortcomings-found-bugis-hotel-pool-where-woman-drowned
  • Gerard acts for one of the largest logistics and petrochemical service providers in South East Asia in respect of a conspiracy claim against several employees of a subsidiary. More recently, Gerard argued for a prohibitory injunction against the said employees.
  • Acted as Singapore Counsel for the insurers of one of the largest commodities warehouse operators in the world involving various issues of law and several multinational claimants in various jurisdictions. The total estimated claims made by all claimants is approximately USD 500 million.
  • Acted as Singapore Counsel to one of the largest light works supplier and designer in Thailand against a SGX listed company and its subsidiary, in respect of a complex cross jurisdictional contractual dispute. In the said matter, Gerard argued to resist a stay of proceedings application made by a listed company, in favour of arbitration and/or forum non conveniens.
  • Acted as Counsel for a creditor seeking to support the winding up of a company. The winding up of the said company was complex in nature due to, among other things, the cash flow complexities and immediate asset realisation of the company used to prove or disprove the insolvent nature of the company. Further, the said creditor represented by Gerard was also the director of the company it sought to wind up.
  • Acted for a key shareholder in respect of a cross claim against a company listed on the OTCQX (New York). The total value of the cross claim amount to approximately USD 30 million.
  • Gerard acts as co-lead counsel for the Plaintiff in a High Court case wherein four defendants were sued for fraudulent misrepresentation and conspiracy for inducing the Plaintiff to invest in a company which turned out to be a sham. Judgment has already been obtained against the 1st Defendant. The matter is still ongoing against the other defendants.
  • Gerard acts as lead counsel in a Singapore High Court case for a group of foreign investors (the “Suit”). The said investors’ case is that they had paid monies to two individuals to, among other things, purchase shares in a Singapore public listed company on their behalf. The two individuals later became the Chairman and Executive Director, as well as CEO and Executive Director of the public listed company. The said investors have commenced action against the two individuals and four others to seek, among other things, the return of their shares in the public listed company. The matter involves, among other things, potential breaches of trust. Recently, Gerard successfully obtained an interim injunction to restrain the Defendants (save for one) from, among other things, selling the shares which the said Defendants purportedly hold on trust for the Plaintiffs in the public listed company and/or diluting the Plaintiffs’ purported shareholding in the said company pending the trial of the action (the “Injunction Decision”). The said Defendants have applied for leave to appeal against the Injunction Decision (the “Leave to Appeal”). The Leave to Appeal application and the Suit is still ongoing.
  • Gerard acts as lead counsel in the High Court for a private investor against a director of a filmmaking company. The said company has produced several reputable movies. The matter pertains to investments and purchase of shares of the said company and the alleged misrepresentations made in respect of the financial status of the company.
  • Gerard acts as lead counsel for a substantial shareholder of a Singapore-listed company in a shareholder dispute. In this dispute, the controlling shareholder (and also chairman of the said company) is alleged to have engaged in various high-value interested party transactions. Issues include whether there was minority oppression and breach of directors’ duties by some of the members of the Board of the said company.

 

Shipping Litigation

  • Acting for an LNG carrier in respect of the grounding by the said carrier of the reef at the Eauripik Atoll in the Yap State of the Federated Stated of Micronesia.
  • Gerard acted for the Plaintiff in the Singapore High Court in a dispute against a Timor-Leste insurance company over gasoil cargo valued at approximately USD 1.5 million. The cargo was to be shipped from Singapore to Karabela Port, Timor-Leste.  During the course of the voyage, the vessel carrying the cargo was hijacked by pirates in the waters off the coast of Tanjung Berakit, Indonesia.  The disputed claim involved allegations of conspiracy and that the piracy act was staged. Further allegations raised were that the Plaintiff failed to comply with the Marine Insurance Act and lacked insurable interest. Clients successfully obtained judgment for the full claim amount

 

Financial Regulatory Compliance & Advisory

  • Advised a US Treasury Bond proprietary trader in respect of allegations of Wash Trading and Market Manipulation which also involved investigations conducted by the Securities and Exchange Commission (New York).
  • Assisted with a matter which was a highly publicised corruption scandal in South America involving the first ever FCPA resolution involving a Singapore company and an unprecedented global settlement between three jurisdictions.
  • Assisted in the Defence of a proprietary trader who was charged by the SGX Disciplinary Tribunal. The said trader was alleged to have contravened SGX-ST Rule 13.8.1, market manipulation and creation of false market (the “rule”). Issues raised include the definition of “layering”, whether “iceberg orders” amount to market manipulation especially when such orders are applied on penny stocks with little movement and whether such an act contravenes the said rule.
  • Assisted in a matter involving a reputable securities broker seeking to recover trading losses made and disputed by the Defendant. Issues raised include whether a trading limit imposed is for the benefit of the broker or the customer.
  • Assisted in the internal Investigation of an employee of a client, a Forex Trader who purportedly performed several “wash trades” contravening Part I paragraph 6 of the Blue Book. Issues include whether a private and confidential agreement between two individuals to perform what seems to be a “wash trade” like transaction, contravenes the Blue Book.
  • Advised a wealth manager facing internal disciplinary proceedings in respect of a complaint made regarding the failure to comply with section 58 of the Financial Advisers Act (Cap. 110)
  • Advised a trader facing internal disciplinary proceedings in respect of an internal complaint of alleged insider trading.

 

Corporate Practice

  • Assisted in a complex share pledge between a mining company and a consortium of 11 banks for the re-financing of eight oil rigs.
  • Conducted due diligence for a company seeking to list itself on the London Stock Exchange.
  • In early 2020, Gerard was appointed as lead counsel by one of the largest automotive manufacturers to advise on regulatory and general corporate matters in Singapore.
  • Gerard acts for one of the largest lighting companies based in Bangkok on general corporate matters.

Professional Engagements

  • Legal Advisor to the Association of Catering Professionals Singapore (members include MNCs and listed Companies)
  • Consultant to an iconic Italian leather goods Company

Memberships In Professional Bodies

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law

Course Attended

  • Continuing Legal Education Auditing Programme – “Admiralty Law & Practice” (Aug 2017 to Nov 2017)

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