Home / People / Lakshanthi Fernando
Lakshanthi Fernando, Partner

Lakshanthi Fernando

Managing Director

Contact
T +65 9648 9008
CMS Holborn Asia
7 Straits View
Marina One East Tower
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.

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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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Education

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

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Memberships

  • 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  

2016 – “Cybersecurity series: Breach management masterclass”, Singapore international Chamber of Commerce

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Employment

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 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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Education

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

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Memberships

  • 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

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Expertise

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15 April 2020
The SI­AC An­nu­al Re­port 2019: Find­ings and Takeaways in the light of COV­ID-19
In its re­cently re­leased An­nu­al Re­port 2019 (the “Re­port”), the Singa­pore In­ter­na­tion­al Ar­bit­ra­tion Centre (“SI­AC”) con­tin­ues to re­port strong growth and pos­it­ive num­bers. We provide a sum­mary of the Re­port’s find­ings and a few key takeaways, par­tic­u­larly
20 February 2019
Between a rock and a hard place: Singa­pore High Court lifts stay of court...
Between a rock and a hard place: Singa­pore High Court lifts stay of court pro­ceed­ings on non-com­mence­ment of ar­bit­ra­tion
2 April 2020
Singa­pore to fast-track Bill grant­ing tem­por­ary re­lief from ef­fects of...
The out­break and glob­al es­cal­a­tion of the nov­el coronavir­us dis­ease, COV­ID-19, has caused ma­jor dis­rup­tion to busi­nesses in Asia and across the world. On 1 April 2020, Singa­pore’s Min­istry of Law (“Min­Law”) an­nounced its in­ten­tion to in­tro­duce the COV­ID-1
06 February 2018
Sri Lanka’s 70th In­de­pend­ence Day Spe­cial Up­date: Singa­pore and Sri Lanka...
24 March 2020
Coronavir­us – Key Con­sid­er­a­tions for Em­ploy­ers in Asia Pa­cific (up­date...
Coronavir­us – Key Con­sid­er­a­tions for Em­ploy­ers in Asia Pa­cific (up­date as of March 2020)
17 October 2017
TAFEP In­tro­duces Tri­part­ite Stand­ard on Flex­ible Work Ar­range­ments
30 December 2019
Ar­bit­rab­il­ity of IP dis­putes in Singa­pore – re­cent amend­ments to the AA...
Pur­su­ant to the passing of the In­tel­lec­tu­al Prop­erty (Dis­pute Res­ol­u­tion) Bill in Au­gust 2019, amend­ments have been made to, amongst oth­ers, the Singa­pore Ar­bit­ra­tion Act (“AA”) and the In­ter­na­tion­al Ar­bit­ra­tion Act (“IAA”) to cla­ri­fy the ar­bit­rab­il­ity of
18 July 2019
Bet­ter late than nev­er: SGCA sets aside award after be­lated chal­lenge by...
In Rakna Arak­shaka Lanka Ltd v Av­ant Garde Mari­time Ser­vices (Pte) Ltd [2019] SGCA 33 (“Rakna Arak­shaka”), the Court of Ap­peal con­firmed that a re­spond­ent that de­clines to par­ti­cip­ate in ar­bit­ra­tion pro­ceed­ings on jur­is­dic­tion­al grounds does not lose its
7 August 2019
Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing in...
The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation, named the Singa­pore Con­ven­tion, of­fi­cially opened for sig­na­ture in Singa­pore on 7 Au­gust 2019. The Singa­pore Con­ven­tion aims to im­ple­ment, for the first time, a
30 July 2019
Singa­pore High Court re­fuses to set aside ar­bit­ral award for al­leged sup­pres­sion...
Can an ar­bit­ral award be set aside on the grounds of fraud or breach of pub­lic policy on the basis that a suc­cess­ful party failed to call cer­tain wit­nesses and/or failed dis­close cer­tain in­tern­al doc­u­ments it did not con­sider rel­ev­ant to the ar­bit­ra­tion?
6 August 2019
Singa­pore’s Min­Law launches Pub­lic Con­sulta­tion on Amend­ments to In­ter­na­tion­al...
In June 2019, Singa­pore’s Min­istry of Law (“Min­Law”) an­nounced that it will be hold­ing a pub­lic con­sulta­tion on cer­tain pro­posed amend­ments to the In­ter­na­tion­al Ar­bit­ra­tion Act (Cap. 143A) (the “IAA”). This fol­lows a writ­ten re­sponse provided on 1 April 2
6 August 2019
Singa­pore’s Min­Law launches Pub­lic Con­sulta­tion on Amend­ments to In­ter­na­tion­al...
In June 2019, Singa­pore’s Min­istry of Law (“Min­Law”) an­nounced that it will be hold­ing a pub­lic con­sulta­tion on cer­tain pro­posed amend­ments to the In­ter­na­tion­al Ar­bit­ra­tion Act (Cap. 143A) (the “IAA”). This fol­lows a writ­ten re­sponse provided on 1 April 2