Divyesh Menon is Counsel in Rajah & Tann’s International Arbitration and Construction Projects practice, specialising in cross-border and cutting edge commercial and investment disputes across ASEAN and the Asia Pacific. He is recognised by clients for his "great thoroughness" as well as "excellent drafting" (India Business Law Journal, 2021) and was part of the team that was recognised by the Financial Times in 2019 as the Most Innovative Dispute Resolution Team in the Asia Pacific. 

Divyesh has an active practice in international arbitration (commercial and investment), as well as litigation, mediation and complex dispute management. A common thread in the disputes that he marshals is their multidimensional and fast-paced nature, which requires strategising to optimise proceedings before courts, tribunals, and regulators with counterparty, stakeholder, media, and regulatory engagement.

He has experience across major international and regional arbitration rules and seats, with a predominant focus on ICC and SIAC arbitrations in South and Southeast Asia. While his sector experience is diverse, Divyesh’s recent experience has centred on (i) business combination disputes (post-M&A, joint venture breakdowns, shareholder and partnership relations, private equity, venture capital and start-ups), (ii) solar power (EPC, PPAs, supply contracts, and treaty protections/State regulations) and (iii) LNG.

Divyesh has law degrees from the University of Bristol and University of Oxford, with specialist accreditations in Executive Finance (University of Oxford), Law and Technology (Singapore Management University), Private International Law (Hague Academy of International Law) and International and Comparative Law (Cornell University & Université Paris I). He is accredited by the Singapore International Mediation Institute (SIMI) and a Member of the Singapore Institute of Arbitrators (MSIArb).

After starting his career with Rajah & Tann, Divyesh clerked for a renowned international arbitrator and then spent five years with the disputes practice of a US-headquartered international firm before returning to Rajah & Tann.

Experience

Business Combinations

• Representing the shareholders of a FinTech and digital payments business in relation to claims of over US$100 million under shareholders’ and investment agreements. (Singapore law, SIAC arbitration in Singapore.)
• Representing the limited partners in relation to disputes with another limited partner arising out of a venture capital partnership, fund and related agreements. (Cayman law, SIAC arbitration in Singapore.)
• Represented a US-originated designer and manufacturer of remotely piloted aerial systems (i.e., drones) defending claims by a Hong Kong-based vulture fund arising out of complex financing arrangements. (Singapore law, SIAC arbitration in Singapore.)
• Represented a new vertical of an Indonesian conglomerate in relation to a dynamic dispute over lucrative long-term European football broadcasting rights. The disputes centred on over-the-top (OTT) media rights and non-compete covenants in a collaboration agreement for the cross-sharing of content. (Singapore law, SIAC arbitration in Singapore.)
• Advised a global FMCG brand in relation to shareholder disputes over a joint venture with an Indonesian conglomerate. The disputes concerned IP assets, non-compete covenants and exit mechanisms. (Indonesian law, ICC arbitration in Singapore.)
• Represented a Vietnamese group of companies in relation to a fraudulent share transfer, unlawful means conspiracy, inducing breach of contract, trademark infringement and passing off, including satellite litigation in Singapore and a parallel VIAC arbitration. (Vietnam law, VIAC arbitration in Ho Chi Minh City.)
• Represented a South Korean company in relation to post-M&A disputes with local partners in the Vietnam media and broadcasting sector. (Vietnam law, SIAC arbitration in Singapore.)
• Represented a Canadian fashion brand and its parent against a South Korean company in relation to the breakdown of a joint venture (shareholder and franchise disputes). (New York law, ICC arbitration in Singapore.)
• Tribunal Secretary in a dispute between a European developer and manufacturer of mobile technology and a South Asian mobile device manufacturer arising out of a license agreement for standard essential patents for 2G, 3G and 4G compliant devices. (Indian law, ICC arbitration in New Delhi.)

Infrastructure, Energy & Resources

• Represented a global solar power developer and operator in relation to disputes with the main EPC contractor over multiple solar power projects in India, with local litigation in relation to interim measures and the PPAs. (Indian law, SIAC arbitration in New Delhi.)
• Represented a global LNG trader/operator in defending claims of over US$100 million by a pan-Asian joint-venture energy company. (English and New York law, ICC arbitration in Singapore.)
• Represented a European energy and shipping group in relation to claims of over US$300 million arising out of a long-term FSRU project in Southeast Asia. (Indonesian law, SIAC arbitration in Singapore.)
• Represented the LNG-focused subsidiary of a South Asian energy group in relation to disputes with an energy supermajor over an LNG storage and regasification terminal and FSRU. (English law, ICC arbitration in London.)
• Tribunal Secretary in a dispute arising out of the breakdown of a joint venture for the construction and management of a mixed-use development in Vietnam. (Vietnam law, VIAC arbitration in Hanoi.)

International Trade and Investment

• Tribunal Secretary in a Singapore-seated, PCA-administered arbitration under the UNCITRAL Rules between a UK investor and an Asian state for claims in the region of US$ 3.1 billion arising out of the alleged imposition of retrospective tax and interest liability. 
• Advised a South-Asian maritime security company in relation to the newly elected government's attempts to shut down the company and expropriate assets. (Sri Lankan law, SIAC arbitration in Singapore.)
• Advised a globally accredited environmental mitigation credits company (i.e., carbon credits and trading) in relation to one of the largest privately-owned conservation banks. (Hong Kong law, HKIAC arbitration in Hong Kong, with potential treaty claims subject to ad hoc or ICSID arbitration.)
• Represented an international bank in a series of disputes before the Singapore International Commercial Court (SICC) arising out of high-profile fraud in the commodities trading and trade finance sectors. Also represented the bank in relation to the liquidation of the principal fraudster. (Singapore law and English law, SICC.)
• Advised a European-headquartered industrial engineering conglomerate in relation to annulment proceedings before the Singapore courts arising out of an ICC arbitration over contracts for the building, assembly, and delivery of submarines.
• Advised a South Asian state in a Singapore-seated PCA-administered arbitration under the UNCITRAL Rules against an East Asian power company arising out of an investment in a power plant, including a jurisdictional appeal to the Singapore courts.

Memberships / Directorships

• Fellow, Chartered Institute of Arbitrators
• Publications Committee, International Relations Committee, The Law Society of Singapore
• International Arbitration Commission, Litigation Commission, Association Internationale des Jeunes Avocats (AIJA)
• Arbitration Committee, Oil & Gas Law Committee, Asia Pacific Regional Forum, International Bar Association (IBA)
• Member, ICC Singapore Arbitration Group
• Member, Young International Council for Commercial Arbitration (Young ICCA)
• Member, Singapore International Mediation Institute (SIMI)
• Member, Singapore Institute of Arbitrators (SIArb)