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Portrait of Lakshanthi Fernando

Lakshanthi Fernando

Partner

Contact
CMS Holborn Asia
7 Straits View
Marina One East Tower
#19-01
Singapore 018936
Languages English, Singhalese, French
Dispute Resolution

Lakshanthi is the Managing Director of CMS Holborn Asia*, the Formal Law Alliance between CMS Singapore and Singapore law practice, Holborn Law LLC.

Lakshanthi specialises in international arbitration, litigation and mediation, with a focus on cross-border disputes and High Court litigation.

As an advocate and solicitor of the Supreme Court of Singapore, Lakshanthi has acted as first chair before all levels of the Singapore courts, including the Singapore High Court and the Court of Appeal.

With particular specialism in international arbitration, Lakshanthi has advised and represented clients as lead party counsel in ad hoc and administered arbitral proceedings under most major institutional rules and procedures, including the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), Hong Kong International Arbitration Centre (HKIAC), London Court of International Arbitration Centre (LCIA) and United Nations Commission on International Trade Law (UNCITRAL).

In addition to her experience in commercial litigation and international arbitration, Lakshanthi has specific expertise in employment issues, both contentious and non-contentious. She has advised multi-national corporates and senior executives on the protection of their business and reputation during a crisis, from the management of data security breaches and employee wrongdoing to dealing with confidential information and attacks from competitors.

Lakshanthi’s practice has spanned most major jurisdictions and key emerging markets in Asia, including Singapore, Malaysia, Hong Kong, India, South Korea, Sri Lanka, Thailand and the People’s Republic of China.

Lakshanthi is the editor of the Singapore International Arbitration Blog and sits on the SIAC’s Users Council. Her commentary on dispute resolution has been featured in the Financial Times, the Straits Times, the Singapore Business Times, the Daily FT and on BBC World News.

*CMS Cameron McKenna Nabarro Olswang (Singapore) LLP and Holborn Law LLC are registered as a Formal Law Alliance in Singapore under the name CMS Holborn Asia. The Formal Law Alliance allows the two firms to provide the broadest range of Singapore and international law services from one platform, with Singapore litigation representation provided by Holborn Law LLC.

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"a very talented lawyer who knows the region and is well respected"

Global Arbitration Review 2017

Relevant experience

  • A European real estate company in an ICC arbitration concerning the lease of a luxury resort villa in the Maldives.
  • A major technology company in an SIAC arbitration over the termination of software licensing contracts in India.
  • A global luxury retailer in an HKIAC arbitration concerning a joint venture dispute in the People’s Republic of China.
  • A South Korean steel trading company in ad hoc arbitration proceedings relating to the sale and delivery of contracted goods.
  • A Philiippines oil and gas company in an SIAC arbitration arising from the delivery of commodities and oil pricing.
  • European and Malaysian investors in an ad hoc arbitration involving the manufacture, sale and operation of satellites
  • An Indian commodities trader in three (3) concurrent expedited SIAC arbitration proceedings relating to the sale and purchase of cargo
  • A South Korean marine sub-contractor in an SIAC arbitration involving disputes arising from the provision of services to a major shipyard.
  • An international mining group in related disputes over sale and purchase agreements, mining services and offtake contracts in Indonesia.
  • A Malaysian trader in a FOSFA arbitration against a South Korean corporation involving jurisdictional issues and cross-border enforcement of award in South Korea.
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Memberships & Roles

  • Law Society of Singapore
  • London Court of International Arbitration
  • Singapore International Arbitration Centre’s Users’ Council
  • Singapore International Chamber of Commerce
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Publications

2017 – “PCA Award trapped in the confines of the Singapore State Immunity Act”, Kluwer Arbitration Blog
2017 – “International Arbitration & the Singapore Effect: An Overview”, Sri Lanka Bar Journal
2017 – “Singapore High Court affirms Arbitral Tribunal did not exceed jurisdiction”, Lexology
2017 – “The Freedom of Asymmetry: SGCA recognises arbitration clause giving only one party the right to elect to arbitrate”, Lexology
2017 – “Secondment agreements Q&A: Singapore”, Practical Law
2016 – “Asia needs to ensure arbitration enforceability”, Business Times
2016 – “Enforcement of arbitration rulings faces challenge in Asia”, Financial Times (quoted)
2016 – “Singapore is becoming a world leader in arbitration”, Financial Times (quoted)
2015 – “Dallas Buyers Club suit a legal minefield”, Straits Times (quoted)

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Lectures list

2017 – “The Foreign ‘Seat’ and the Pathological Clause”, Sri Lanka Bar Conference
2017 – “The Arb-Med-Arb Protocol: The Future of Alternative Dispute Resolution?”, Singapore International Mediation Centre and Pusat Mediasi Nasional Indonesia
2016 - “Digital Employment: The Gig Economy”, Singapore Management University Faculty of Law
2016 – “An Agent of Change”, Accenture International Women’s Day Singapore
2016 – “Daiichi Sankyo v Ranbaxy”, BBC World News

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Education

LL.B. (Hons.), National University of Singapore

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Employment & Pensions

Lakshanthi is the Managing Director of CMS Holborn Asia*, the Formal Law Alliance between CMS Singapore and Singapore law practice, Holborn Law LLC.

Lakshanthi specialises in international arbitration, litigation and mediation, with a focus on cross-border disputes and High Court litigation.

As an advocate and solicitor of the Supreme Court of Singapore, Lakshanthi has acted as first chair before all levels of the Singapore courts, including the Singapore High Court and the Court of Appeal.

With particular specialism in international arbitration, Lakshanthi has advised and represented clients as lead party counsel in ad hoc and administered arbitral proceedings under most major institutional rules and procedures, including the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), Hong Kong International Arbitration Centre (HKIAC), London Court of International Arbitration Centre (LCIA) and United Nations Commission on International Trade Law (UNCITRAL).

In addition to her experience in commercial litigation and international arbitration, Lakshanthi has specific expertise in employment issues, both contentious and non-contentious. She has advised multi-national corporates and senior executives on the protection of their business and reputation during a crisis, from the management of data security breaches and employee wrongdoing to dealing with confidential information and attacks from competitors.

Lakshanthi’s practice has spanned most major jurisdictions and key emerging markets in Asia, including Singapore, Malaysia, Hong Kong, India, South Korea, Sri Lanka, Thailand and the People’s Republic of China.

Lakshanthi is the editor of the Singapore International Arbitration Blog and sits on the SIAC’s Users Council. Her commentary on dispute resolution has been featured in the Financial Times, the Straits Times, the Singapore Business Times, the Daily FT and on BBC World News.

*CMS Cameron McKenna Nabarro Olswang (Singapore) LLP and Holborn Law LLC are registered as a Formal Law Alliance in Singapore under the name CMS Holborn Asia. The Formal Law Alliance allows the two firms to provide the broadest range of Singapore and international law services from one platform, with Singapore litigation representation provided by Holborn Law LLC.

more less

"a very talented lawyer who knows the region and is well respected"

Global Arbitration Review 2017

Relevant experience

  • A listed company in defending significant allegations of discrimination and unfair hiring practices.
  • A global media agency in an employee data theft incident and enforcement of non-compete provisions, including advising on injunctive proceedings to restrain an ex-employee’s disclosure of trade secrets and confidential company information.
  • A financial institution in its diversity and inclusion reporting and policy review.
  • A listed company in policy and protocol relating to competitive hires and exits.
  • A global agency in a high profile restructuring and reorganisation.
  • A US-based technology company on notifications to regulatory authorities and affected individuals in relation to cyber breach incident affecting employee data in multiple jurisdictions.
  • A global technology company in an investigation into highly sensitive allegations of harassment by a senior executive.
  • A high profile social gaming company in its recruitment strategy in Singapore and China.
  • An international energy group in the set up of its subsidiary operations in Singapore.
  • A prominent service provider on all aspects of its relationship with its partners and regulatory compliance.
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Memberships & Roles

  • Law Society of Singapore
  • London Court of International Arbitration
  • Singapore International Arbitration Centre’s Users’ Council
  • Singapore International Chamber of Commerce
more less

Publications

2017 – “PCA Award trapped in the confines of the Singapore State Immunity Act”, Kluwer Arbitration Blog
2017 – “International Arbitration & the Singapore Effect: An Overview”, Sri Lanka Bar Journal
2017 – “Singapore High Court affirms Arbitral Tribunal did not exceed jurisdiction”, Lexology
2017 – “The Freedom of Asymmetry: SGCA recognises arbitration clause giving only one party the right to elect to arbitrate”, Lexology
2017 – “Secondment agreements Q&A: Singapore”, Practical Law
2016 – “Asia needs to ensure arbitration enforceability”, Business Times
2016 – “Enforcement of arbitration rulings faces challenge in Asia”, Financial Times (quoted)
2016 – “Singapore is becoming a world leader in arbitration”, Financial Times (quoted)
2015 – “Dallas Buyers Club suit a legal minefield”, Straits Times (quoted)

more less

Lectures list

2017 – “The Foreign ‘Seat’ and the Pathological Clause”, Sri Lanka Bar Conference
2017 – “The Arb-Med-Arb Protocol: The Future of Alternative Dispute Resolution?”, Singapore International Mediation Centre and Pusat Mediasi Nasional Indonesia
2016 - “Digital Employment: The Gig Economy”, Singapore Management University Faculty of Law
2016 – “An Agent of Change”, Accenture International Women’s Day Singapore
2016 – “Daiichi Sankyo v Ranbaxy”, BBC World News

more less

Education

LL.B. (Hons.), National University of Singapore

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Feed

07/12/2022
NFTs as prop­erty – Singa­pore and the UK
Janesh s/o Ra­jku­mar v Un­known Per­son (“CHEFPI­ERRE”) [2022] SGHC 264 was a land­mark case where the Singa­pore High Court gran­ted a world­wide freez­ing in­junc­tion pre­vent­ing the sale or trans­fer of a...
02/11/2022
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Singa­pore Court of Ap­peal cla­ri­fies scope of private right to claim loss...
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SGCA ex­er­cises in­her­ent power to set aside judg­ment en­for­cing ar­bit­ral...
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16/12/2021
CMS Ex­pert Guide to Re­cog­ni­tion and En­force­ment of Judg­ments and Ar­bit­ral...
This CMS Guide on Re­cog­ni­tion and En­force­ment of Judg­ments and Awards provides an over­view of en­force­ment of both of court judg­ments and ar­bit­ral awards in the fol­low­ing South­east Asi­an jur­is­dic­tions:...
29/11/2021
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1. Is there an ex­equatur pro­ced­ure? Yes. There are both com­mon law and stat­utory means by which for­eign judg­ments can be en­forced in Singa­pore.Un­der the com­mon law, a for­eign judg­ment may be re­cog­nised...
12/11/2021
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27/09/2021
Em­ploy­ers with at least 10 em­ploy­ees must no­ti­fy MOM of all re­trench­ments...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. From 1 Novem­ber 2021, all em­ploy­ers with busi­nesses re­gistered in Singa­pore who em­ploy at...
23/09/2021
The im­pact of the BRI on Dis­pute Res­ol­u­tion in Emer­ging Mar­kets
CMS is pleased to present a pan­el on "The Im­pact of the BRI on Dis­pute Res­ol­u­tion in Emer­ging Mar­kets" at this year's Par­is Ar­bit­ra­tion Week. The pan­el will take place from 8:30 - 9:30am CEST on Thursday...
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SGHC sets aside ar­bit­ral award for breach of fair hear­ing rule and nat­ur­al...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. In BZV v BZW and an­oth­er [2021] SGHC 60, the Singa­pore High Court (the “Court”) al­lowed...
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Open Secrets? Guard­ing value in the in­tan­gible eco­nomy
Across mul­tiple in­dus­tries, busi­nesses are de­riv­ing an ever great­er pro­por­tion of their value from as­sets pro­tec­ted not by pat­ent or copy­right – but by secrecy. And from cus­tom­er data to soft­ware al­gorithms...