Overview

Divyesh Menon is an associate in the Singapore office of Mayer Brown's global International Arbitration practice. Prior to joining Mayer Brown, he was a legal assistant to Dr. Michael Hwang S.C., a leading international arbitrator and the Chief Justice of the Dubai International Financial Centre Courts. Divyesh was also a member of the international arbitration and construction practice of one of Asia's leading law firms.

Divyesh has significant experience acting as counsel or tribunal secretary in complex, high-value commercial disputes across a wide-range of industries, including energy and resources, construction and infrastructure, hotel and gaming management, supply and distribution agreements and business combination disputes. Divyesh also has experience of several investment treaty arbitrations, mostly arising in connection with investments in Asia. Divyesh has experience of arbitrations involving the world’s leading seats (including Singapore, Hong Kong, London, Switzerland, Washington DC, Kuala Lumpur, Dubai and Mumbai) and most major arbitration rules (including the ICC, SIAC, HKIAC, LCIA, CAS, SCC, VIAC, ICSID and UNCITRAL Rules). In addition, Divyesh has experience of litigation in support of international arbitrations seated in Singapore, including in appeals before the Singapore Court of Appeal.

Divyesh completed postgraduate and professional studies (with prizes for academic distinction) at the University of Oxford, The Hague Academy of International Law and the Cornell-Paris Institute of International & Comparative Law; in the course of those studies, he specialised in investor-state dispute settlement.

Divyesh has published on international arbitration matters and is currently assisting the authors of the next edition of Mustill & Boyd on Commercial and Investment Arbitration. Divyesh is amongst the pioneer batch of HKIAC-accredited tribunal secretaries and is an active member of several young arbitration groups.

Spoken Languages

  • English

Experience

  • A Singapore-seated, PCA-administered treaty arbitration under the UNCITRAL Rules 1976 between a UK- incorporated investor and an Asian state arising out of the alleged imposition of retrospective tax and interest liability.
  • A Singapore-seated, SIAC-administered arbitration under the UNCITRAL Rules 1976 arising out of a complex multi-contract arrangement between a state-owned mortgage institution and a global real estate private equity fund to monetise non-performing, delinquent mortgage loans.
  • A Singapore-seated arbitration under the UNCITRAL Rules 2010 arising out of the termination of a management services and equity option agreement for a major integrated casino resort in Southeast Asia.
  • A Kuala Lumpur-seated arbitration under the UNCITRAL Rules 2010 for claims relating to a breach of shareholders’ agreement, breach of fiduciary duties and unjust enrichment (governed by Malaysian law) arising out of the alleged mismanagement of accounts of a joint venture entity set up for the construction and operation of an oil refinery.
  • An Indian-seated, LCIA arbitration between various South Asian entities, private equity funds and trusts arising out of a restated share purchase agreement (governed by English law) for a marble mining and processing company.
  • An Indian-seated ad hoc arbitration arising out of cross-allegations of non-performance of a tripartite agreement (governed by Indian law) to prepare a joint bid for the development of an energy project for a state-owned oil and gas company.
  • A CAS arbitration arising out of the decision of a member federation’s dispute resolution committee regarding a contract of employment between a player and his club.
  • An ICSID arbitration between UK and Australian investors and an Asian state for claims over US$1 billion relating to mining licenses/concessions for coal.
  • Acting for a Chinese contractor in an Indian-seated ad hoc arbitration for claims worth US$300m arising out of an EPC contract (English law) for the construction of a coal-fired power plant in India.
  • Acting for the majority shareholders in proceedings before the Singapore Court of Appeal that raised questions of the applicable standard for a stay of proceedings under the International Arbitration Act and the arbitrability of statutory claims for minority oppression.
  • Acting for a continental European company in an appeal before the Singapore Court of Appeal concerning the setting aside of an ICC award on grounds of breach of natural justice.
  • Acting for a Australian construction consortium in successfully obtaining an interim and, subsequently, permanent anti-suit injunction to restrain threatened proceedings in Indonesia in favour of a Singapore-seated arbitration arising out of an EPC contract for a major transport infrastructure project.
  • Acting for the US-headquartered multinational conglomerate in successfully resisting applications for setting aside (jurisdiction and natural justice) and an appeal on a question of law from a Singapore-seated ad hoc arbitration.
  • Acting for a Vietnamese group of companies in the business of coffee production against various Singaporean and Vietnamese companies and individuals for a fraudulent share transfer, unlawful means conspiracy, inducing breach of contract, trademark infringement and passing off (including an appeal to SGCA on jurisdictional grounds and an allegedly parallel VIAC arbitration) arising out of a plot by a former director to hijack the Singaporean subsidiary and misappropriate/divert its business, assets and goodwill.
  • Acting for a Malaysian offshore marine services company in proceedings before the Singapore High Court in relation to claims worth more than US$6.5m arising out of shipbuilding contracts which raised questions on contractual chains, piercing the corporate veil and the torts of conversion, detinue and unlawful means conspiracy.
  • Acting for an American multinational manufacturer of industrial chemicals in one of the first proceedings to set aside an adjudication decision under Malaysia’s Construction Industry Payment and Adjudication Act (CIPAA) 2012.
  • Acting as defence counsel on charges under the Endangered Species (Import and Export) Act for the alleged unauthorised import of timber worth an estimated US$50m, which raised questions of questions of statutory interpretation, the transposition of an international convention and the significance of foreign law in local criminal proceedings.

Education

Hong Kong International Arbitration Centre, Tribunal Secretary Accreditation Programme

Hague Academy of International Law

Cornell-Paris Institute of International & Comparative Law

University of Oxford, BCL

University of Bristol, LLB

Admissions

  • Singapore

Court

  • Advocate & Solicitor, Supreme Court of Singapore

Memberships

  • Law Society of Singapore
  • Singapore Academy of Law
  • Young ICCA
  • Young SIAC
  • KLRCA Young Practitioners' Group
  • HK45, HKIAC
  • ICC Young Arbitrators Forum
  • LCIA Young International Arbitration Group