Vithiya RAJENDRA is a Partner in the Banking & Financial Disputes Practice.

Her main areas of practice are litigation and arbitration in banking and financial disputes, insolvency and restructuring, insurance and regulatory matters, and commercial and corporate disputes including those related to directors’ duties, shareholders’ rights, employment contracts, tenancy agreements and claims based on fraud, contracts, trust and tort.

Apart from an active practice in the above, Vithiya is an advocacy trainer with the Singapore Institute of Legal Education and an instructor for the Preparatory Course leading to Part B of the Singapore Bar Examinations. Further, Vithiya graduated from law school having been awarded the Prize for the Top Student in Advocacy and placed on the Dean’s List.

She graduated from Singapore Management University (LL.B., Magna Cum Laude) (BBM, Magna Cum Laude) and is admitted to the Singapore Bar.

Matters of significance in which Vithiya has been involved in include advising / acting the following:

  • Standard Chartered Bank (Hong Kong) Limited, Coöperatieve Rabobank U.A., Hong Kong S.A.R. Branch, and DBS Bank (Hong Kong) Limited, as creditors of various entities within the Pacific Andes International Holdings Limited group of companies which were involved in multi-jurisdictional restructuring proceedings (Asia Legal Awards 2017, Financial Deal of the Year: Restructuring & Insolvency, Asian-Mena Counsel 2016, Deals of the Year).
  • Credit Suisse AG, Singapore Branch in successfully defending a claim for approximately US$30 million by a former private banking client, arising out of losses sustained in investments and trades undertaken by the client.
  • A multinational bank in successfully striking out in their entirety, claims by over 12 parties against the bank as the joint bookrunner and lead manager in the issuance of senior fixed rate notes where the claims were for about S$4.5 million in respect alleged investment losses arising out of the default of the notes.
  • A multinational bank in successfully obtaining security for costs for the bank, successfully defending the bank against claims based on fraudulent and negligent misrepresentation and breach of fiduciary duties by the bank’s customer, and also successfully obtaining judgment on the bank’s counterclaim against the customer.
  • A multinational bank in successfully resisting proceedings by the bank’s customer to obtain declarations in respect of bonds purchased through the bank and orders for the bank to execute the customer’s instructions in connection with outstanding bonds alleged to be still held by the bank; and obtaining indemnity costs for the bank.
  • A Singapore incorporated company in successfully injuncting a Swiss bank from the commencement of winding-up proceedings based on claims for the sum of about US$3 million pursuant to bills of exchange.

Related Practices

  • Banking & Financial Disputes
  • Singapore Annotated Statutes: Unfair Contract Terms Act (Lexis Nexis)
  • Singapore Annotated Statutes: Frustrated Contracts Act (Lexis Nexis)
  • Case Commentary: The Singapore Court of Appeal has held that a "no oral modification" clause does not apply to rescission