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Kyle Gabriel Peters

Partner   |  

Gabriel is a litigator and dispute resolution lawyer. Gabriel’s main area of practice is commercial and corporate litigation with an emphasis on insolvency and restructuring, fraud and investigations, and international arbitration. 

key areas of practice

  • Commercial and Corporate Disputes
  • Insolvency & Restructuring
  • International Arbitration
  • Fraud, Asset Recovery and Investigations

Before beginning his law career as a paralegal, Gabriel was an architectural draughtsman at a leading architecture firm in Singapore. Gabriel read law in Liverpool, began his legal career in a leading litigation practice group, and trained under Senior Counsel and notable disputes practitioners. Prior to joining PDLegal LLC, Gabriel practised in a busy litigation and dispute resolution team of a global law firm.

 

Gabriel’s active practice involves a wide range of complex commercial disputes, fraud investigations, international arbitration, and litigious corporate insolvency matters.

 

Gabriel regularly handles complex cross-border commercial and corporate disputes, and represents financial institutions, multinational corporations and organisations, and corporate creditors/debtors. Gabriel has significant experience in advising, co-ordinating, and managing concurrent disputes and proceedings across multiple jurisdictions.

 

Gabriel is frequently instructed as lead counsel, and has successfully argued a broad range of civil litigation matters, contentious insolvency proceedings, and corporate restructuring applications in the High Court.

 

Gabriel has a strong focus on giving back to the community. Gabriel volunteers with the Criminal Legal Aid Scheme and the Community Legal Clinics organised by the Law Society Pro Bono Services. Gabriel also volunteered as counsel in numerous proceedings under the Ministry of Social and Family Development Assisted Deputyship Application Programme. Gabriel has an active pro bono practice, and recently acted as lead counsel in a High Court Originating Summons proceedings relating to the severance of joint tenancy.

 

Gabriel is a member of the School Management Committee of St. Patrick’s School and is a member of the Education Sub-Committee of the Eurasian Association. Gabriel also served and continues to serve on numerous Standing Committees of the Law Society of Singapore.

key areas of practice

  • Commercial and Corporate Disputes
  • Insolvency & Restructuring
  • International Arbitration
  • Fraud, Asset Recovery and Investigations

Areas of Expertise

Commercial and Corporate Litigation

  • Acting for a group of shareholders against former shareholding-directors in a complex litigation comprising multiple High Court suits relating to disputes arising from a chain of aesthetic clinics: Goh Seng Heng v RSP Investments and others and another matter [2017] 3 SLR 657.
  • Assisted in the successful defence (in the High Court and in the Court of Appeal) of a company in a claim on a purported guarantee: Liberty Sky Investments Ltd v Aesthetic Medical Partners Pte Ltd and other appeals and another matter [2020] SGCA 7 and Liberty Sky Investments Ltd v Goh Seng Heng and another [2019] SGHC 40.
  • Acted for a company in appealing against an Unless Order arising from procedural matters: Alternative Advisors Investments Pte Ltd v Asidokona Mining Resources Pte Ltd and another [2020] SGHC 125.
  • Acted for a company in an application to set aside a winding up order under section 279 of the Companies Act: GVR Global Pte Ltd v Wayne Burt Pte Ltd [2020] SGHC 87.
  • Acted for a licensed money lender in its claim against the prominent co-founder of a notable local horological chain. The matter involved the enforcement of settlement agreements and successfully defeating a leave application to the Court of Appeal. Gabriel commenced a host of enforcement proceedings (including the contentious examination of an uncooperative debtor); and eventually obtained a bankruptcy order. See: SME Care Pte Ltd v Chan Siew Lee Jannie [2018] SGHC 96.
  • Acted for a MNC in respect of numerous satellite actions to and the settlement of two conjoined arbitrations (LCIA and ICC) for claims of over $120m concerning allegations of bribery and agency in relation to global fertiliser trading. Advised and assisted (in coordination with Queen’s Counsel) in staving off Singapore enforcement proceedings, and in the preparation of proceedings to challenge the arbitral awards in the English Courts and the Singapore Courts. Assisted in structuring and reaching a commercially favourable settlement (which included settling multiple proceedings across the globe) and working with restructuring and insolvency professionals.
  • Acted for high net worth individuals in their defence against claims brought by global banks arising from a series of facility agreements. Assisted lead counsel in an application for a stay of proceedings which was one of the first matters heard by the Singapore International Commercial Court. See: BNP Paribas Wealth Management v Jacob Agam and another [2017] 3 SLR 27.
  • Acting for global banks and MNCs in Singapore-seated international arbitrations before the Singapore International Arbitration Centre.
  • Acting for a MNC in objecting to the jurisdiction of a Singapore-seated arbitral tribunal pursuant to a multi-tiered dispute resolution clause, and co-ordinating parallel proceedings with Maldives counsel in the Maldivian Courts.
  • Gabriel is experienced in landlord-tenant matters. He has acted for landlords and head-tenants in obtaining possession orders and conducting hostile re-entry and re-possession of premises. He has also acted for commercial tenants holding multiple premises in Suntec City and Boat Quay. Gabriel has litigated against and negotiated with large MNC landlords.
  • Acting for judgment creditors across a wide range of enforcement proceedings including examination of judgment debtors, garnishee proceedings, seizure and sale proceedings, and ultimately winding up proceedings. Gabriel has obtained possession orders for mortgagees, garnishee orders across multiple bank accounts; and seizure and sale orders for rail equipment stored in gazetted Protected Places.
  • Gabriel successfully resisted an application for leave to commence committal proceedings in the High Court. Gabriel was briefed on short notice and attended at the hearing on an opposed ex parte basis.

Tort

  • Acted for a Key Executive Officer in an appeal to the Court of Appeal. Gabriel successfully applied for and obtained a conditional stay of execution and a by-consent injunction to stay the judgement under appeal: Sim Tee Meng v Haw Wan Sin David and another [2020] 1 SLR 82
  • Acted in numerous High Court proceedings involving tortious claim such as breach of duties, negligence, and economic torts.

Insolvency and Enforcement

  • Acted for a company in the American Express group in resisting a section 211B application filed by a company from the Agritrade group of companies in the Singapore High Court.
  • Acted for a group of bank creditors in insolvency claims arising from the collapse of Farlin Timbers group. Acted for the creditor group in resisting a moratorium application under section 211B of the Companies Act and in pursuing claims against the insolvent estate of Farlin Timbers and its controlling director.
  • Acted for the intervener in one of the first proceedings before the Singapore Courts to examine the provisions of the UNITRAL Model Law on Cross-Border Insolvency. The matter related to concurrent proceedings in the Singapore High Court (spanning a broad range of matters such as equitable mortgage, cancellation of vexatious caveats, claims in detinue and conversion after obtaining a prohibitory injunction, and anti-suit injunctions): Re Zetta Jet Pte Ltd and others (Asia Aviation Holdings Pte Ltd, Intervener) [2019] 4 SLR 1343 and Re Zetta Jet Pte Ltd and others [2018] 4 SLR 801
  • Acted for a SME in the construction sector in obtaining a moratorium under section 211B of the Companies Act and subsequently a scheme of arrangement under section 210 of the Companies Act. Coordinated financial restructuring efforts of the company in tandem with formal insolvency processes.
  • Acted as lead counsel for an English company in winding up proceedings against a Singapore company in the Singapore High Court. The shareholders of the English company comprise of the group of famous English footballers from Manchester United’s ‘class of 1992’.

Investigations

  • Successfully representing a childcare centre in a statutory appeal to the minister under the Early Childhood Development Centres Act. This matter involved investigative and advisory elements. Gabriel successfully coordinated and conducted field investigations (including interviewing and obtaining statutory declarations from witnesses and staff members and taking site photographs) to overturn findings made against the centre.
  • Acting for a global bank in investigations pertaining to allegations of fraud committed by relationship manager and in the confidential resolution of the allegations. This matter involved the tracing of funds, identification of bad actors, and obtaining confidential settlement and statutory declarations from interested persons.
  • Acted for notable local SMEs (a food and beverage chain and an aesthetic and wellness chain) in addressing investigations mounted by the Ministry of Manpower. Gabriel provided advice, interviewed and examined the relevant employees, identified risk areas, and advised the company on its exposure and methods to restructure its policies and processes.
  • Assisted in acting for a local MNC in large-scale bribery and corruption investigation involving Brazilian state-owned company Petrobras.

Appointments

  • Member, Advocacy Committee of the Law Society of Singapore
  • Member, Civil Practice Committee of the Law Society of Singapore
  • Member, School Management Committee of St. Patrick’s School
  • Member, Education Sub-Committee of the Eurasian Association

Membership in Professional Bodies

  • Member, Law Society of Singapore
  • Member, Singapore Academy of Law
  • Member, INSOL International
  • Member, IWIRC

Volunteering Work

  • Volunteer, Criminal Legal Aid Scheme, Law Society Pro Bono Services
  • Volunteer, Community Legal Clinics, Law Society Pro Bono Services
  • Volunteer, Assisted Deputyship Application Programme, Ministry of Social and Family Development

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