Jerald Foo, FCIArb


Practice Area:

Commercial Litigation
International Arbitration

BCL (Distinction), University of Oxford
LLB (First Class Hons), London School of Economics and Political Science
Advocate & Solicitor, Singapore
Barrister-in-law (non-practising), The Honourable Society of Gray’s Inn, England & Wales

T +65 6232 0793

Jerald is a "common guy" with an uncommon drive to achieve results for his clients, be it through commercial litigation, arbitration, mediation and other avenues.

As a practitioner and as a former judicial officer who is fluent in English and Mandarin, Jerald has vast experience of complex commercial disputes and challenging criminal matters. His areas of practice include cross-border disputes, company law, banking law, equity and trust, joint venture and shareholder disputes, restructuring and insolvency, fraud and asset recovery, employment, international trade, oil and gas.

He is a respected advocate for various financial institutions in banking and other disputes. In project and infrastructure matters, Jerald is a trusted advisor to several of the world’s biggest global conglomerates. Jerald is also fortunate to count some of Singapore's most successful listed companies as his clients. At the other end, Jerald has been a steadfast defender of private individuals in criminal, extradition and public law proceedings.

Jerald has tirelessly delivered results for his clients before the Court of Appeal, High Court and State Courts, including the Singapore International Commercial Court. He has also successfully represented his clients in arbitrations on an ad hoc basis and under institutional rules (SIAC, CIArb, ICC, UNCITRAL, LCIA). Jerald is also often called upon to represent these same clients in court proceedings in support of the wider arbitral proceedings.

Jerald graduated with a Bachelor of Civil Law degree (Distinction) from Mansfield College, University of Oxford in 2010 as well as a Bachelor of Law degree (First-Class Honours) from the London School of Economics and Political Science in 2009.

Notable Cases & Transactions
Commercial Litigation 
  • Lead counsel for POSH Semco Pte Ltd (of the Kuok Group); successfully obtained summary judgment in a charterparty dispute before the Singapore International Commercial Court (Sir Jeremy Cooke), after successfully defending the opponent’s application to stay the court proceedings.
  • Lead counsel for a Myanmar company to defend against allegations of misrepresentation and breach of contract in a multi-million dispute before the Singapore High Court.
  • Successfully represented Macquarie Bank Limited against a Chinese state-owned entity in before the Singapore International Commercial Court (Sir Bernard Henry Eder, involving complex issues of interpretation regarding derivatives and the ISDA Master Agreement). The Court found entirely in favour of the bank. The judgment is now widely cited as an authority on determining Early Termination Amounts in ISDA transactions.
  • Lead counsel in a family company dispute before the Singapore High Court and Appellate Division, which raises interesting legal questions as to the resignation of company directors. The family owns one of the world’s largest diamond and precious metals companies.
  • Lead counsel for former directors and officers of a Singapore listed company to defend S$30 million claims by the company’s joint venturer before the Singapore High Court. The matter was successfully settled.
International Arbitration
  • Lead counsel for an American company in a SIAC arbitration to recover over US$8 million in unpaid commission fees from an Indonesian technology company.
  • Lead counsel for a Malaysian telecommunications company in a SIAC arbitration against a Belgian company for unpaid contractual debts, involving novel issues of take or pay contracts, liquidated damages and penalty clauses. The client won on every one of its claims before the sole arbitrator, Professor Lawrence Boo.
  • Acted for a tech-entrepreneur in a minority oppression dispute against his former joint-venture partner, which raises interesting issues of Wrotham Park damages.
  • Advising a South Korean construction joint venture, which is the main contractor for a major healthcare project in Singapore, against delay claims by one of its sub-contractors.
  • Represented an international renewables energy contractor to defend against US$750 million Indian-seated arbitral proceedings by its India-based employer with regards to multiple renewables energy projects across India.
Bilateral Investment Treaty & State-Related Arbitration
  • Lead counsel for a sovereign state in a SIAC arbitration to recover monies due and owed under a commercial agreement.
  • Lead counsel for an African nation in a SIAC expedited arbitration to recover from a high net-worth person monies due under a settlement agreement.
  • Defended energy companies in a Singapore-seated SIAC arbitration against multi-million dollar claims by the energy and power regulator of a South-East Asian country.
  • Represented an Abu Dhabi state-owned entity in LCIA arbitral proceedings to recover the sum of US$6.5 billion owed by a Malaysian sovereign wealth fund. Parallel to the arbitration, part of a worldwide team taking steps across various jurisdictions to preserve the client's rights.
Fraud & Asset Recovery
  • Lead counsel for a high net-worth individual to recover monies paid out to a sophisticated online scam. This involved obtaining Mareva and proprietary injunctions against defendants and unknown persons.
  • Successfully acted for a German-listed company, which was the victim of an email phishing scam, in obtaining Mareva and proprietary injunctions before the High Court.
Restructuring & Insolvency
  • Advised a listed company in the pursuit of its claims against a company in liquidation.
  • Lead counsel for the sole shareholder/director of a Singapore consulting company to restore a company which was previously struck off the register of companies on the shareholder/director’s previous application.
  • Acted for a major Indian bank in its admiralty in rem and in personam claims to recover US$75 million loaned to one of Singapore’s largest ship charterers, which has been placed under liquidation.
  • Acted for the Hyflux Group in its US$2.3 billion restructuring, one of the most complex restructuring exercises in Singapore.
  • Advised receivers in the recovery of debt from a trade financing company, Phoenix Commodities Pte Ltd.
Criminal Matters
  • Obtained interim and final anti-harrassment orders against unlicensed moneylenders under Singapore’s Protection of Harassment Act regime.
  • Acted for a person charged with cheating and various sex-related offences. The Court thanked Jerald and his team for "their comprehensive and helpful submissions".
  • Conducted internal investigations into alleged improper trading on behalf of a major international bank.
  • Member of a magic circle's global team representing a sovereign wealth fund in potential claims and on-going investigations relating to the 1MDB saga.
Advisory / Regulatory / Investigations
  • Represented a company director in her departure from a company and negotiating the terms of her exit.
  • Advised a medical care group on its corporate shareholding and drafting of related documents.
  • Advised a Chinese company and its employees on misdeclarations made by its freight forwarder to the Singapore customs authorities.
  • Advised a Latin American corporate on its joint venture projects in Southeast Asia.
  • Advised the co-founders of an artificial intelligence company in their disputes against company employees. The issued involved include breach of confidence, defamation, restrictive covenants and breach of contract.
  • Advised various Chinese technology companies on issues arising from joint venture and other agreements with other multi-national companies.
Memberships / Directorships
  • Fellow, Chartered Institute of Arbitrators (2023 – present)
  • Legal Staff Support Officer, Republic of Singapore Navy (2022 – present)
  • Member of the Asean Law Association (Singapore Chapter) (2014 - present)
  • Fellow, Blackstone Legal Fellowship, administered by the Alliance Defending Freedom organisation (2010 - present)
  • Member, Law Society of Singapore Civil Practice Committee (2022)
  • Member, Singapore Academy of Law’s Law Reform Committee (2012 to 2016)
  • Member, Singapore Academy of Law Sub-Committee on the Law of Harassment (2013)
  • Junior Assisting Counsel, Supreme Court Legal Aid Scheme for Capital Offences (2014)
  • Young Amicus Curiae, Supreme Court of Singapore's Young Amicus Curiae Scheme (2015/2016 and 2016/2017)
  • Teaching Fellow (Company Law), National University of Singapore (2013 – 2015)