WongPartnership LLP

Smitha Menon

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Practice Areas

Partner, International Arbitration, Restructuring & Insolvency and Special Situations Advisory Practices. Smitha’s practice focuses on representing debtor companies and special situations investors in multi-jurisdictional financial and operational restructurings both in and out of court. Her cross-border experience includes mandates from issuers, trustees and ad-hoc bondholder groups on the restructuring of bonds.

Career

Admitted, 2004, Singapore; Graduated from King's College, London (LL.B., Hons.).

Professional Memberships

Chair of the International Chamber of Commerce ("ICC") Singapore Arbitration Group and member of the ICC Commission for Arbitration and ADR. Smitha is also the Singapore alternate Court member on the ICC International Court of Arbitration. She is a Fellow of the Insolvency Practitioners Association of Singapore, on the board of the Singapore network of the International Women’s Insolvency and Restructuring Confederation (IWIRC) and on the Insolvency Practice Committee of the Law Society.

Publications

Article: Going beyond the Courtroom: An analysis of out-of-court Insolvency Relief Mechanisms

Journal: Singapore Institute of Directors Bulletin Q1 2021

Article: International Insolvency & Restructuring Report 2020/21

Article: Confidentiality in International Arbitration: A Comparative Jurisdictional and Institutional Review (co-authored with Nicholas Lingard)

Journal: Singapore Arbitration Journal (SIArbJ), May 2020

Article: lpso facto protection: As dead as the language and rightfully so?

Journal: Butterworths Journal of International Banking and Financial Law, June 2019;

Article: Super Priority in Rescue Financing—Lifeline or Lasso?

Journal: Butterworths Journal of International Banking and Financial Law

Article: Navigating Singapore’s restructured restructuring and insolvency framework

Journal: South Square Digest

Article: Singapore: A Restructuring Entrepôt

Journal: Emerging Markets Restructuring Journal

Article: Exploring the issues of bankruptcy (Re Opti-Medix Ltd (in liquidation) and another matter)

Journal: LexisNexis

Article: Indonesia: Arbitrating With Foreign Parties – A Closer Look At Indonesia’s

Approach To Investor-State Dispute Resolution

Journal: Asian Dispute Review

Article: Singapore High Court affirms that a party may obtain restraint orders ahead of any application for the calling of a creditors’ meeting for the purposes of putting a company under a scheme of arrangement

Journal: Lexology

Article: India-Singapore CECA, Comprehensive Economic Cooperation Agreement, The Investor’s Guide

Journal: LexisNexis

Article: Practical Guidance Singapore – Dispute Resolution

Journal: LexisNexis

Article: Practical Guidance Commercial Module: Financial Distress, Bankruptcy and Insolvency

Journal: LexisNexis

Singapore Precedents of Pleading.

Work Highlights

Restructuring and insolvency matters of significance in which Smitha has been involved in include acting/advising for the following:

- The Judicial Managers of the Xihe Holdings Group, a business with a fleet of 82 vessels and liabilities in excess of S$700million

- Wirecard Asia Holdings Pte Ltd in the insolvency of the Wirecard Group

- Rescue financing bank in the restructuring of the Design Studio Group

- Significant stakeholders in Kris Energy’s restructuring

- Petrobras Global Trading in the insolvency of Hontop Energy (under judicial management)

- Hyflux Ltd in its US$2.3 billion debt restructuring

- EMAS Chiyoda Subsea Limited and its subsidiaries on their cross-border restructuring of debt in excess of S$1 billion

- The Miclyn Express Offshore Group on its financial restructuring of liabilities in excess of S$500 million

- The ad hoc committee of holders of notes issued by Noble Group Limited on the US$3.5 billion financial restructuring of the Noble Group and the ad hoc group of holders of convertible bonds issued by a subsidiary of IDX-listed PT Bumi Resource S Tbk.

- The liquidators of Obike Asia Pte. Ltd, the receivers of Airtrust (Singapore) Pte. Ltd, Lanco Resources International Pte. Ltd. and Amtek Global Technologies Pte. Ltd, the judicial managers of Singapore-listed Technics Oil & Gas Limited and Jones the Grocer, the Trustees of notes issued by Ezion Holdings Ltd, Pacific Radiance Limited, Marco Polo Marine Ltd, Videocon Industries Limited, FRN I.M. Skaugen SE, Falcon Energy Group and Jasper Explorer Plc.

- Segregated customers of MF Global Singapore Pte. Ltd

- EFG Bank AG, Singapore Branch in the scheme of transfer of the private banking, treasury and wealth management business of BSI Bank Limited to EFG and the liquidation of BSI Bank in Singapore as a result of the revocation by the Monetary Authority of Singapore of its banking license

Expert in these Jurisdictions

Singapore, India.

Awards

Ranked since 2017 - Restructuring/Insolvency: Domestic (Singapore)

Chambers & Partners

2020

Woman of the Year in Restructuring (Asia) Award

International Women’s Insolvency & Restructuring Confederation

2020

Ranked for Restructuring and Insolvency (Singapore)

The Legal 500

2020

Ranked for Restructuring and Insolvency (Singapore)

IFLR1000

2020

The Global Restructuring Review's 40 under 40 list of the world's leading restructuring lawyers

The Global Restructuring Review

2016

Ranked for Restructuring and Insolvency (Singapore)

Asialaw Leading Lawyers

2020

Ranked for Restructuring and Insolvency (Singapore)

Who's Who Legal

2020

Asia Legal Business' 40 under 40 list for Restructuring and Insolvency (Singapore)

Asia Legal Business

2018