Practice Experience
Nandakumar Ponniya specializes in international arbitration with a focus on building, infrastructure and construction law. Kumar regularly advises on infrastructure projects such as rail systems, oil and gas facilities, and utilities plants, as well as commercial and residential developments. He is experienced in international arbitration and legal proceedings arising out of disputes in Singapore, Indonesia, India, China, Malaysia, Vietnam, Thailand and Myanmar.
Chambers Asia Pacific 2012 lists him as a leading dispute resolution lawyer in Singapore and notes that he "has a full and comprehensive knowledge of international arbitration and good analytical skill in dealing with cross-border commercial disputes".
Examples of disputes representation include:
- Acting for a consortium comprising an Asian contractor and a European specialist contractor in ICC arbitration proceedings valued in excess of US$1 billion concerning a dispute with a state petroleum company arising from the modernisation and expansion of oil refinery and pipeline facilities, involving claims of additional works; unjust enrichment; delay and disruption; acceleration and loss of labour productivity.
- Acting for an oil and gas company in a dispute with a petrochemical company, involving US$375 million, arising out of several trade agreements governed by Indonesian law.
- Acted for Germany's largest cement producer in an ICC arbitration, governed by Swiss law, commenced against one of Thailand's largest publicly listed cement production companies over failed shipments.
- Acted for a US-based corporation on worldwide enforcement of an international arbitration award (under New York Convention) of US$240 million against an Indonesian conglomerate arising out of an oil and gas venture. Proceedings were filed in Singapore to enforce the award and co-ordinated the efforts in the US, UK, Hong Kong and Indonesia as regards enforcement there. Also acted as expert in US proceedings on conflict of laws rules under Singapore law.
- Represented a Hong Kong-based developer in an ad hoc arbitration governed by UNCITRAL rules, against a Japanese contractor, arising out of a building and construction project in Singapore.
- Acting for a leading European specialist contractor on claims relating to liquidated damages and prolongation costs arising out of the construction of high security storage facility in Singapore built at a cost of over US$60 million.
- Acted for a South Korean contractor in an SIAC-administered arbitration, in a dispute arising out of a contract for the design and fabrication of a deepwater offshore oil and gas extraction processing and export facility in Indonesian waters, involving claims in excess of US$100 million.
- Acted for the insurers in relation to a CIETAC arbitration commenced against the insured arising out of a building and construction project in Guangzhou, China.
- Advised the developer's consultants in dealing with issues arising from cost overruns (estimated at US$215 million) in the design and construction of a new terminal building for one of the world's top-rated airports.
- Represented the main contractor in a SIAC-administered arbitration concerning disputes arising out of the construction of an underground cable transmission tunnel in Singapore.
- Acted for a Japan-based multinational corporation in an arbitration governed by UNCITRAL rules (with the HKIAC as the appointing authority) against its consortium partner arising from a joint engineering project for the port authorities in Singapore.
- Represented the main contractor in an arbitration administered by the Kuala Lumpur Regional Centre for Arbitration, over disputes arising out of the construction of a network of multi-purpose underground tunnels in one of the world's largest tunneling projects, involving claims and cross claims exceeding US$100 million.
- Acted for a client developer in a dispute concerning the development of a hotel and leisure project in Mandalay, Myanmar.
- Acted for an Australian-based client on the claim on a performance bond, issued to secure performance of the sub-contractor, relating to a construction project in Vietnam.
- Advised and acted for an industry-leading Australian contractor in relation to a contract for the design and construction of onshore and offshore oil and gas facilities off the East Coast of India, in a project of an estimated value of US$250 million.
- Advised and acted for a leading US-based software service provider in SIAC-administered arbitration proceedings against its master franchisee in India, in a claim involving breach of intellectual property rights and contractual duties to account.
- Advised and acted for a client trustee in a claim for damages of about US$140 million against officers, directors, and financial advisors of the debtor company in Chapter 11 bankruptcy proceedings.
- Acted for one of the world's largest financial institutions in an action relating to a syndicated loan to a major Indian steel manufacturer which required the review of Indian exchange controls and regulatory issues.
Kumar has represented clients in arbitration proceedings involving various corporate and commercial matters including disputes in international trade and other cross-border transactions. He has also advised clients on matters relating to corporate restructuring and insolvency.
Kumar serves as an adjunct assistant professor at the Faculty of Law, National University of Singapore, where he conducts the program, International Projects Practice and Law. Kumar also teaches the Arbitration, Credit and Security and Advocacy programs at the Postgraduate Practical Law Course in Singapore.
Bars and Courts
Attorney-at-Law, New York, 2002
Solicitor of England and Wales, 1998
Advocate and Solicitor of the Supreme Court of Singapore, 1996
Education
LLB (Hons), National University of Singapore, 1995
Professional Associations and Memberships
Society of Construction Law, Singapore The Law Society of Singapore Singapore Mediation Centre (Accredited Associate Mediator)
Publications
"Singapore: Arbitration and insolvency", Arbitration News, Vol. 15 No. 2, September 2010 "Construction: The presentation of expert evidence in international arbitration of construction disputes – prevalent practices in Asia", Global Arbitration Review, May 2010 Contributor, Doing Business, co-published by The World Bank, The International Finance Corporation and Oxford University Press, 2005 to 2010
Speaking Engagements
"Dispute Resolution – Managing Disputes Successfully and Efficiently", Commercial Contracts Masterclass, Kuala Lumpur, March 2011. "Effective Risk Management: Identifying and Mitigating Risks Within a Contract", Commercial Contracts Masterclass, Kuala Lumpur, September 2010 "Benefits and Efficacy of Arbitration in Banking and Financial Disputes" at the International Chamber of Commerce (ICC) lunchtime get-together, "Arbitrating Banking and Finance Disputes", organized by the ICC regional office in Asia, April 2010 "Managing Risks and Issues in Construction Projects", Construction Contract Administration & Management, Singapore, March 2010 "Managing Claims – Strategies and Solutions", Building and Construction Law 2009, Singapore, November 2009 "Management of Risks and Issues in Construction Projects", Construction Contract Administration & Management, Singapore, July 2009 "Liabilities and Exposure to Damages in International Contracts", Drafting International Contracts, Kuala Lumpur, February 2009
Appointments Adjunct Assistant Professor, Faculty of Law, National University of Singapore Independent Director, Aussino Group Ltd Independent Director, Sakae Holdings Ltd
Languages
English Tamil
Citizenship
Singapore
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