Frederico Singarajah

Areas of expertise

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Frederico has advised and represented parties in  finance and banking disputes involving mergers and acquisitions, commercial contracts, securities and insolvency.  His work includes complex and high value contractual disputes, fraud, bank and financial market disputes as well as investor disputes, often with an international element.  He is experienced in disputes relating to securities, bonds, hedge funds, securitisation, forex, interest rate swaps, project finance, carbon credits and letters of credit.

    Sample Work:

    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – party-appointed arbitrator in a post-M&A dispute relating to the transfer of shares in a group operating in the telecoms sector.  Arbitration seated in Sao Paulo, governed by Brazilian law with parties from Brazil, BVI, France, US and Colombia.
    • RE: Interest Rate Swaps Antitrust Litigation 2018 WL 2332069 (SDNY)[2019] QBD – sitting on one of the largest claims in the Southern District of New York, resulting from the US Securities and Exchange Commission’s (SEC) adverse findings that a consortium of banks withheld information on buy-side interest rate swaps on an electronic exchange platform.
    • Commerzbank AG (Germany) v Bank of New York Mellon (US) & Bank of New York Mellon Trust Company (US)[2019] QBD – sitting on a claim for breach of trustee obligations in respect of a securitisation.
    • Permanent Court of Arbitration (PCA) – advising and representing D in an arbitration brought by a Swiss entity against a Colombian counterparty in a contract for the purchase of carbon credits arising from a project in Colombia.  Arbitration seated in Zurich, Switzerland, governed by English law.
    • Brazilian Stock Exchange Arbitration Chamber (CAM-B3) – advising a third-party funder on a multi-billion dollar arbitration, governed by Brazilian law, relating to wrong calculations and redemption values of a FIDC non-real estate backed securitisation.  Arbitration seated in Sao Paulo, Brazil, governed by Brazilian law (in Portuguese language).
    • International Chamber of Commerce (ICC) – advising and representing C in an arbitration brought by an English commodities broker claims against a Bangladeshi state-owned company and its bank, over the wrongful issue of a letter of credit for the purchase of ICUMSA 45 sugar from Brazil to Bangladesh, seated in Dhaka, governed by UCP 600 and English law.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Frederico’s work also frequently  encompasses claims of fraud and corruptions.   Prompted by this experience,  he has written extensively on dealing with these allegations in the context of international arbitrations.  He has acted in international disputes dealing with the location, freezing and recovery of misappropriated assets, involving emergency relief procedures and the management of legal teams from many jurisdictions.  His work often involves multi-jurisdictional that extend into America, continental Europe and worldwide.  He is has worked with parties both bringing and defending allegations of fraud and corruption.

    Sample Work:

    • International Chamber of Commerce (ICC) – leading counsel for C, a large-scale US headquartered metals trader, against a Zambian company in a dispute relating to a contract about  the sale and purchase of copper cathodes, governed by English law and seated in London.  The arbitration was part of a larger scale fraud, ecompassing various disputes across the African continent.
    • RE: Bernard L Madoff Investment Securities (US) (SDNY) [2022] – QBD – sitting as an examiner in the deposition of witnesses relating to the recovery of assets of the largest financial fraud in history.
    • Grain and Feed Trade Association (GAFTA) – advising and representing C in a fraud claim for payment of price of buyer’s failure to produce evidence of loss as alleged.  Seated in London and governed by English law.
    • National Crime Agency (NCA) & Department of Justice (DoJ US) [2018] – advising the NCA’s International Corruption Unit assisting the US DoJ in a multi-billion USD investigation in the oil & gas sector in an African state.
    • Serious Fraud Office (SFO) v AS & Anr [2018] – advising in a prosecution of an international fraud involving an unregulated collective investment scheme in an opaque company and trust structure involving Brazil, UAE, US and England.
    • KDB (Receiver of Rex Venture Group LLC) (US) v SS & Ors [2016] – advising and representing the US SEC appointed receivers in relation to the enforcement of judgments of a North Carolina court relating to fraudulent payments from a ‘Ponzi’ scheme.
    • RE: SB Property Investment (Brazil) [2014] – advising and representing over 80 private investors in the UK, UAE, NZ and US, in a class action involving the purported acquisition, parcelling and development of land in the northeast of Brazil.  The claim for fraudulent representation involved an opaque corporate structure involving companies in Brazil, Belize, Jersey and England.
  • Commercial litigation

    Commercial litigation

    In the international context, Frederico is particularly experienced in advising and representing clients in interim hearings and trials in the Commercial Court, in applications relating to jurisdiction and conflict of laws, emergency interim injunctions and security for costs applications as well as conducting advocacy at trials.  His case load focuses heavily on contractual disputes and commercial torts in a variety of sectors including energy, mining, infrastructure, banking and finance, insurance and reinsurance and shipping.  They tipically involve foreign trade and investment.

    Before coming to the Bar, he worked on very large multi-billion-dollar disputes such as a trademark dispute between TEVA and GSK and a joint venture between Odebrecht and Maersk.  He is accustomed to working in large teams with English and foreign lawyers.

    Sample Work:

    • FPSI BV (Netherlands) v Vulcanic Ltd [2021] (Comm) – advising and representing C against a UK subsidiary of a French company in the design, engineering and construction of heaters for gas dehydration units (GDU) and thyristor panels installed in floating, production, storage and offloading (FPSO) vessels off the coast of Brazil.  The claim is for defective goods and services which resulted in two explosions onboard two separate vessels.
    • Marasca Comercio de Cereais Ltda (Brazil) v Bunge International Commerce Ltd (Cayman) [2021] EWHC 359 (Comm) – advised and represented C in the determination of whether the court had residual jurisdiction pursuant to a Scott v Avery clause, to hear the matter, following the dismissal of the claim by an arbitral tribunal.
    • Roundshield Partners LLP v CRIA SL (Spain) & Ors [2019] EWHC 2733 (QB) – advised and represented D in a claim for breach of contract and defamation relating to a facility agreement for the acquisition and operation of an airport in Spain.
    • NDT (Brazil) v Sunseeker International Ltd [2019] (Comm) ­– advised and represented C in a claim for breach of a framework agreement for the manufacture of luxury motor yachts.
    • Cestrian Imaging Ltd v MTex Technologies Ltd [2017] EWHC 3142 (Ch) – advised and represented D in a 5-day trial (the other side being represented by a KC) in a dispute on whether the goods were compatible with pre-existing software and workflow.
    • Domingo Penayo-Vaida (Paraguay) v Intertransfers Inc (USA) & Ors [2012] EWHC 410 (Comm) – advised and represented D1 and D3, English subsidiary of a US company and its sole shareholder, trading in the currency exchange sector, against a Paraguayan company and its owner in a dispute.  The claim was brought in respect of alleged debts arising from a deficit caused by the compulsory insolvency of a bank, enforced by the US government following the 2008 financial crisis.
    • Phione Ltd v Intercol Ltda (Colombia) [2012] (Ch) – acted for an English company in a debt action against a Colombian company for payments due following the supply of metal coils engineered to specification.
    • Michael Radford & Anr v Gheko Productions (Spain) & Ors – QBD [2011] – advised and represented Ds, alleged to have loaned monies to a Spanish company in the film production sector, in proceedings  brought by director Michael Radford relating to funding for his film ‘La Mula’.
    • Mediterranean Shipping Company SA (Switzerland) v Worldwide Biorecyclables Ltd & Ors [2010] (TCC) – advised and represented D in a claim brought by the MSC for breach of warranties of the charterparty agreement, relating to the exporting of allegedly toxic waste to Brazil, in breach of Basle Convention.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Frederico has advised and represented clients in respect of disputes involving JVs and SPVs, whether in the form of private limited companies or limited liability partnerships.  His experience is both domestic and international.  He has acted  in unfair prejudice and derivative actions, shareholder disputes and claims against rogue directors.  He has developed a special niche in representing Brazilian administrators for claims against international holdings.  His experience encompasses disputes with both publicly listed as well as private companies and large group structures.

    Sample Work:

    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – party-appointed arbitrator in a post-M&A dispute relating to the transfer of shares in a group operating in the telecoms sector.  Arbitration seated in Sao Paulo, governed by Brazilian law with parties from Brazil, BVI, France, US and Colombia.
    • Refco Group LLC (US) v Cantor Fitzgerald LP (Switzerland) [2019] QBD – sitting on derivative claim brought by a corporate minority shareholder for the unlawful or unfair disposition of technology for mobile gambling representing the initial seed investment.
    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – advised C, a Brazilian entity in the renewables sector with claims against a syndicate of US banks in a claim arising from the acquisition of shares in a Spanish special purpose vehicle, seeking declaratory relief on the interpretation of a clause in a contract governed by Brazilian and English law, in the form of an indemnity for withholding tax applied by Brazilian tax authorities.  Arbitration seated in São Paulo, in Portuguese.
    • Alexander v Willow Court (2016) Ltd & Ors [2018] EWCH 597 (Ch) – advised and represented the shareholders and nominee purchaser in a 2-day trial in an unfair prejudice claim, under section 994 of the Companies Act 2006,  relating to the disposition of real property.
    • Pinto & Ors v John Menzies Plc (Scotland) & Ors (settled) [2012] QBD (Commercial Court) – advised and represented Cs, “administrators” of a Brazilian subsidiary against its English parent for compensation following the lifting of the corporate veil by a Sao Paulo court in enforcement proceedings.  The claim was brought against the English, Scottish and US entities within the group for concurrent tortious liability. 
    • Odebrecht SA (Brazil) v Maersk (Denmark) [2010] (Comm) (settled) – advised and represented C in a claim in respect of a JV company, formed to design and construct a new type of floating, production, storage and offloading (FPSO) vessel.
  • Private international law

    Private international law

    Frederico’s work is international.  His expertise in Brazi,Latin America and more generally inemerging markets related disputes involves him in legal opinions, litigation and arbitrations governed by English as well as foreign laws.  His native Portuguese language abilities and his knowledge of Spanish, combined with the high quality of his legal work give him a significant advantage in relation to disputes involvoing Portuguese and Spanish speaking jurisdictions .

    He acts as counsel and arbitrator in disputes all around the world and has conducted cases Portuguese and Spanish as well as English, including written and oral submissions, memorials, cross-examination and drafting of arbitral awards.

    Frederico has a specialist practice in relation to obtaining evidence in support of foreign proceedings or obtaining foreign evidence in support of domestic proceedings, dealing with all aspects of inbound and outbound Letters of Request, as free-standing matters or as part of existing proceedings.  He is also available to be nominated as an examiner for the purposes of taking depositions in appropriate cases.

• International arbitration

  International arbitration

  Frederico conducts arbitrations as leading counsel and arbitrator under all the major institutions, including the PCA, LCIA, ICC and SIAC and ad hoc arbitrations.  For his experience as arbitrator, you can view his dedicated arbitrator page.  He has advised and represented parties in international arbitrations under all the major arbitral institutions including ICC, LCIA, HKIAC, DIAC, UNCITRAL, SCC, CAM-CCBC and LMAA rules in a wide variety of sectors including M & A, international sale of goods, upstream oil, renewables, mining, reinsurance, infrastructure, distribution & franchising and technology.  His practice has involved foreign as well as English law on a regular basis and he is as comfortable operating under civil and common law frameworks.  He can accept instructions and appointments in English and Portuguese.

  As well as acting in arbitrations, Frederico is also experienced in applications in the Commercial Court pursuant to Part 62 of the Civil Procedure Rules, ancillary to arbitrations, such as anti-suit injunctions, challenges to awards and arbitrators, extension of limitation, enforcement and section 9 applications and resistance.

  Sample Work:

  • London Court of International Arbitration (LCIA) – advising and representing three separate clients with three separate claims against a Belarussian entity, subject to sanctions where payment for goods was made impossible.  Arbitration seated in London and governed by English law, with no English parties.
  • London Court of International Arbitration (LCIA) – advising and representing C1 and C2, Brazilian and Bermudan parties against a group of companies led by a Californian company in a dispute relating to a joint venture agreement for the commercialisation of manganese ore tailings, estimated to be worth in excess of one billion dollars, from a mine that operated between 1947 and 1997.  The arbitration, seated in London and subject to English law, however, there were several satellite disputes and interim applications in support of arbitration obtained in multiple jurisdictions.
  • International Chamber of Commerce (ICC) – leading counsel for C, a large-scale US headquartered metals trader, against a Zambian company in a dispute relating to a contract about  the sale and purchase of copper cathodes, governed by English law and seated in London.  The arbitration was part of a larger scale fraud, ecompassing various disputes across the African continent.
  • International Chamber of Commerce (ICC) – advised and represented C1 and C2, Egyptian companies against a Swiss company in a dispute in the mining sector, governed by Egyptian law and seated in Geneva.
  • Refined Sugar Association (RSA) – advised and drafted a claim for a Singaporean company against an Emirati entity in respect of a dispute relating to the purchase and share of sugar destined for Madagascar, under a series of contracts, for late delivery.
  • Grain and Feed Trading Association (GAFTA) – advised and represented a C in a claim against a BVI subsidiary of a multinational group, for breach of payment term on the sale of maize under the standard from of the Brazilian cereal association ANEC.  Arbitration seated in London and governed by English law.
  • London Court of International Arbitration (LCIA) – advised and represented C, an English subsidiary of a US emergency disaster company for the recovery of a debt arising from a contract governed by English law, against an airline for services where a Boeing 737 landed in the sea in southeast Asia.  Arbitration seated in London and governed by English law.
  • London Court of International Arbitration (LCIA) – advised and represented a Maltese, UAE and Indian organic certified sugar producing group of companies in an arbitration between a multinational trader in a dispute governed by two marketing agreements governed by English law and seated in London(led by Paul Reed KC).
  • Stockholm Chamber of Commerce (SCC) – advised and represented C, a subsidiary of a Russian entity in an arbitration against a Swiss manufacturer of time pieces, pursuant to a contract governed by Swiss law/CISG and seated in Stockholm, for failure to deliver based on an invalid variation entered into with the end-buyer.
  • Chamber of Commerce Brazil-Canada (CAM-CCBC) – advised C, a Brazilian entity in the renewables sector with claims against a syndicate of US banks in a claim arising from the acquisition of shares in a Spanish special purpose vehicle, seeking declaratory relief on the interpretation of a clause in a contract governed by Brazilian and English law, in the form of an indemnity for withholding tax applied by Brazilian tax authorities.  Arbitration seated in São Paulo, in Portuguese language.
  • Ad Hoc – advised and represented C1 and C2, a Thai company and its Ghanaian subsidiary in a dispute on the breach of a collateral management agreement against a Ghanaian state-owned bank, governed by English law, seated in Accra.
  • London Maritime Arbitrators’ Association (LMAA) – advised and represented D, a Honduran mine in an arbitration against a US broker in a cargo claim for breach of an agreement to supply iron ore lumps and fines to China under an amended FOB contract, governed by English law and seated in London.
  • United Nations Committee on International Trade Law (UNCITRAL) – advised and represented C, a Brazilian exclusive distributor in an arbitration against a Chinese state-owned principal relating to a claim for breach of an implied duty of good faith, governed by Brazilian law and seated in London.
  • International Chamber of Commerce (ICC) – advised and represented D, a Turkish exclusive franchisee, against a Dutch principal in a dispute in the retail food sector, governed by English law and seated in Istanbul.
• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Frederico is familiar with standard form (FIDIC, NEC, ICE, JCT) and ad hoc contract disputes and has experience of issues including delay and disruption, variations and defects in design, engineering and construction as well as related commercial issues including project finance, guarantees and performance bonds.  He has been involved in disputes of widely varying size, value and scope.  He has appeared before a variety of tribunals including in the Technology and Construction Court (TCC) and the Chancery Division (ChD) and international arbitration tribunals.  His experience of construction and engineering involve a range of projects such as power plants and refineries, sky scrapers, shopping centres, stadia, hotels and theme parks. He has extensive international experience as well as in domestic cases.

    As well as his practice he was the course leader for the Construction, Engineering, Procurement and Professional Services module at UCL, and continues to teach in the module there.

    Sample Work:

    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – party-appointed arbitrator in a dispute relating to four contracts for the manufacture and supply of concrete towers for the use of wind generator turbines.  Arbitration seated in São Paulo, governed by Brazilian law and in held in Portuguese language.
    • Panamanian Centre for Conciliation and Arbitration (CeCAP) – advised C, a Costa Rican consultant company in an arbitration against a Spanish respondent on commission payments due and owing for consultancy services relating to the tender, construction and operation of a water and sewage treatment plant in Panama.  Arbitration seated in Panama, governed by Panamanian law and held in Spanish.
    • International Chamber of Commerce (ICC) – party appointed arbitrator in an arbitration relating to claims for breach of two agreements to design and construct a theme park, a licensing agreement governed by the laws of the state of New York and a design agreement governed by English law, seated in London.
    • Ad Hoc – sole arbitrator in a dispute involving English and French parties relating to an exclusive distribution agreement for materials in the construction sector, seated in London and governed by English law.
    • International Chamber of Commerce (ICC) – chair, appointed by co-arbitrators in an arbitration claiming delay and disruption in the construction of a photovoltaic plant from the E & M contractor against the employer.  Arbitration seated in Geneva, Switzerland and governed by Brazilian law.
    • Kentish International Trader (BVI) v Ganter Interior GmbH (Germany) & Anr [2018] – advised and represented C in respect of breaches of contract governed by German law for design, supply and manufacture of bespoke interior design.
    • RE: Limassol Port (Cyprus) [2017] – advised a syndicated banking structure investing in a SPV for the grant of a concession agreement for the construction and operation of a multi-purpose port in Cyprus.
    • Bolingo Hotel & Towers Ltd (Nigeria) v Legacy Group Holdings (Pty) Ltd (Nigeria) [2016] – advised a Nigerian corporate landowner in a claim for delay in respect of a series of contracts for the construction, operation and management of a hotel complex in Abuja.
    • United Nations Committee on International Trade Law (UNCITRAL) – advised and represented C, a Brazilian exclusive distributor in an arbitration against a Chinese state-owned principal relating to a claim for breach of an implied duty of good faith, governed by Brazilian law and seated in London.
  • Energy & renewables

    Energy & renewables

    Frederico has significant  experience as counsel in, and arbitrator of, energy and renewables cases, often with an international element.  Energy disputes make up the majority of Frederico’s practice in his time at the Bar, and is his most specialised filed.  He has advised on risk and liability, conflicts of laws issues, calls on bonds and limitation of liability provisions.  He has acted for owners, EPC contractors, subcontractors and insurers in relation to disputes in the upstream oil and gas, wind, photovoltaic, hydro, nuclear and ethanol sectors.  He is experienced in floating, production, storage and offloading (FPSO) construction and leasing disputes.

    Sample Work:

     Centro Brasileiro de Mediacao e Arbitragem (CBMA) – party-appointed arbitrator in a dispute relating to a charterparty agreement between companies in the oil and gas exploration and production (upstream) sector.

    • International Chamber of Commerce (ICC) – chair, appointed by co-arbitrators in an arbitration for a dispute concerning a ROV Support Vessel (RSV) time charter agreement, seated in Rio de Janeiro, governed by Brazilian law and held in Portuguese language.
    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – party-appointed arbitrator in a dispute relating to four contracts for the manufacture and supply of concrete towers for the use of wind generator turbines.  Arbitration seated in São Paulo, governed by Brazilian law and in held in Portuguese language.
    • International Chamber of Commerce (ICC) – party appointed co-arbitrator in an arbitration for claims and counterclaims concerning the termination of an agreement for the manufacture and sale of wind turbine blades seated in São Paulo, governed by Brazilian law and held in Portuguese language.
    • FPSI BV (Netherlands) v Vulcanic Ltd [2021] (Comm) – advising and representing C against a UK subsidiary of a French company in the design, engineering and construction of heaters for gas dehydration units (GDU) and thyristor panels installed in floating, production, storage and offloading (FPSO) vessels off the coast of Brazil.  The claim is for defective goods and services which resulted in two explosions onboard two separate vessels.
    • London Chamber of Arbitration and Mediation (LCAM) – party-appointed arbitrator in a claim brought by a multinational for payment with a counterclaim for defects in the partial design and manufacture of feedwater heaters for a nuclear power plant in Latin America.  Seated in London with English law governing.
    • Chamber of Commerce Brazil-Canada (CAM-CCBC) – advised C, a Brazilian entity in the renewables sector with claims against a syndicate of US banks in a claim arising from the acquisition of shares in a Spanish special purpose vehicle, seeking declaratory relief on the interpretation of a clause in a contract governed by Brazilian and English law, in the form of an indemnity for withholding tax applied by Brazilian tax authorities.  Arbitration seated in São Paulo, held in Portuguese language.
    • International Chamber of Commerce (ICC) – chair, appointed by co-arbitrators in an arbitration claiming delay and disruption in the construction of a photovoltaic plant from the E & M contractor against the employer.  Arbitration seated in Geneva, Switzerland and governed by Brazilian law.
    • International Chamber of Commerce (ICC) – advising Norwegian C in a delay claim against Brazilian operator relating to the contracting of subsea umbilical risers and flowlines (SURFs) provided for the exploration and production of oil in the pre-salt Santos basin in Brazil.  Arbitration seated in Paris, governed by English law.
    • Odebrecht SA (Brazil) v Maersk SA (Denmark) [2010] (Comm) (settled) – advised and represented C in a claim in respect of a JV company, formed to design and construct a new type of FPSO vessel as a research and development project.
• International

  International

  When a dispute involves two or more countries, issues of applicable law, competent jurisdiction, enforcement of judgments or awards, international procedure and service or evidence are likely to arise.  These matters are  governed by the rules on the conflict of laws.  As almost all of Frederico’s work has an international element he is very experienced in this respect.  He has made extensive appearances in the English courts and in many international arbitration/commercial matters for and against individuals, corporations states and state-entities.  His international practice encompasses both private and public, civil and common law.  Please see the commercial litigation and arbitration tabs for a list of recent cases.