Mark Lee

Joint Managing Director
Head of Commercial and Corporate Dispute Resolution Practice
Coordinating Partner; “boardroomᵂᴹᴴ⁺” Platform
LL.B (Hons)
Advocate and Solicitor, Singapore

mark.lee@wmhlaw.com.sg

DID: 6514 6352

Primary Focus

Commercial, Corporate & Shareholder Disputes Practice, Debt/Asset Recovery & Insolvency Practice

Making Excellence a Habit

Practice

Mark co-founded WMH Law Corporation and is the Joint Managing Director of the firm.

Mark heads the firm's Commercial and Corporate Dispute Resolution Practice and coordinates the firm's “boardroomᵂᴹᴴ⁺” Platform (specialising in corporate, joint ventures, director and shareholder related disputes/transactions) (to be rolled out in 2024 2Q).

Mark is also one of the youngest lawyers named as a finalist of the coveted Young Lawyer of the Year Award at the 15th Annual Asian Legal Business South East Asia Awards ("Awards").

From an original shortlist of 15 finalists (comprised of lawyers from prominent local and international law firms), Mark was further selected as one of the Top 5 Finalists of the Awards. Mark is one of only two lawyers from local law firms in this list of Top 5 Finalists.

In 2022, Mark was also named a finalist of the Managing Partner of the Year Award at the 18th Annual Asian Legal Business South East Asia Awards.

The Awards recognise the excellence and outstanding performance of South East Asia’s leading law firms (and lawyers) that have significantly contributed to the evolving legal landscape of the region and is hailed as “the pre-eminent legal awards in Asia”. Mark is lauded as an "astute lawyer", "a very effective litigator", "surgical with his approach and strategy to complicated issues" and for his "keen strategies".

Having formerly practiced respectively at Singapore’s oldest Asian boutique legal firm and at one of the Big Four law firms in Singapore, Mark’s practice spans a broad spectrum of subject matters and diverse areas of the law.

Mark has an active litigation practice and handles both civil and criminal work. Mark is engaged in trial and appellate advocacy and has represented clients at all levels of the Singapore Courts. Mark has been commended for his "clear" arguments and "effective" cross-examination.

Mark's clientele includes high net worth individuals, corporations and conglomerate / corporate groups situated both locally and abroad (including Italy, United Kingdom, Australia, etc) traversing a wide range of industries.

Amongst others, Mark acted for a leading international corporate group in the live entertainment industry renowned for producing the world’s most popular musical, theatrical productions and international touring productions and one of the longest-standing crypto platforms in the Asia-Pacific region with a total trading volume of approximately $7 billion (2021).

Mark has a particular emphasis in corporate, shareholder and boardroom disputes. He routinely advises high valued companies, shareholders and directors in complex, multi-party shareholder disputes, breach of director duties claims and minority oppression claims. Mark has acted for multi-million dollar companies, public listed companies and various Small and Medium-sized Enterprises (SMEs). Some of Mark's notable cases, include but is not limited to the following:-

Contentious Matters

  • Represented a foreign corporate shareholder in respect of a dispute over the sale of shares worth in excess of $5 million.

  • Represented shareholders in a dispute over a shareholder's agreement between foreign shareholders (German nationals) and a local incorporated joint venture company. The matter was adjudicated at an arbitration seated in Singapore under the SIAC Rules.

  • Represented a public listed construction company vis-a-vis its shareholder/director dispute in the context of its joint venture with a leading property development company in Singapore. The share quantum in dispute exceeds $600 million.

  • Represented a senior banker in matrimonial proceedings involving assets in excess of SGD30 million (made up mostly of various shareholdings spanning across corporations in and beyond Singapore, including a Family Office).

  • Represented shareholders of a three (3) decade old boutique constructions company in Singapore in defending a minority oppression claim (Section 216, Companies Act), including arguments of quasi-partnership.

  • Represented a minority shareholders in a minority oppression claim (Section 216, Companies Act) and derivative action (Section 216A, Companies Act) in the context of a corporate group in the food and beverage industry.

  • Represented shareholders in negotiations for the exit of certain shareholders and the valuation of the company (and its shares).

  • Represented directors in defending claims (of alleged breaches of directors and/or fiduciary duties).

  • Represented directors in defending claims (of alleged breaches of directors and/or fiduciary duties) filed by a shareholder vide a derivative action (Section 216A, Companies Act).

  • Represented directors in an application to the High Court for relief under Section 391, Companies Act.

  • Represented a company to resist a director's application to the High Court to inspect the company's accounting and other records under Section 199(5), Companies Act.

  • Represented shareholders in a contentious company winding-up application involving a group of companies.

  • Represented directors in resisting bankruptcy applications filed by the company's corporate debtor (seeking to enforce personal guarantees in respect of a corporate debt) for debts in excess of $15 million.

  • Represented the CEO of a public listed company in respect of a shareholder / director dispute in the context of a corporate group spanning various jurisdictions, including Singapore, Malaysia and the British Virgin Islands.

  • Represented a shareholder of a company incorporated in Cambodia but whose shares were forcibly transferred (by the majority shareholders/directors) to a company incorporated in Singapore. The share quantum in dispute is approximately USD$50 million.

Non-Contentious Matters

  • Represented a minority shareholder in respect of the transfer of shares and the termination of an existing shareholder agreement (which formed part of larger share sale negotiations in excess of $360 million) and in resisting the company invoking a drag-along clause.

  • Represented and advised minority shareholders with an aggregate secured shareholding of approximately USD103 million in the restructuring of a public-listed entity.

  • Represented a Singapore incorporated company in respect of a cross-jurisdiction joint venture governed by the laws of Singapore for the development of solar powered generation plants in Myanmar (in particular advising on the rights of the shareholder and corresponding board rights).

  • Represented a renowned home-grown food and beverage brand (with more than 50 outlets island wide) in connection to a convertible note negotiations (for shareholding) for investments exceeding $5 million.

  • Advised on a share call option agreement valued in excess of $10 million between a Singapore incorporated company, a Dubai based intermediary and a Europe based entity.

  • Advised on structuring a joint venture company (in the energy sector / industry) to be incorporated in Singapore between a Singapore based shareholder and a public listed company from Thailand.

  • Represented a boutique surgery practice (and its founder doctor/shareholder) in a multi-million dollar acquisition by and joint venture with a public listed health group, inter alia, dealing with the acquisition of shares and the structuring of the joint venture.

Mark is also regularly invited to speak at various conferences and writes prolifically on various legal developments with a keen interest in corporate disputes, including:-

(a) “Lifting of the Veil of Incorporation”

(b) “Derivative Action by Shareholders; Section 216A of the Companies Act”

(c) “Case Update: Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33”

(d) “Shareholder Minority Oppression – Remedy – Share Buy-Out & Valuation”

(e) “Access to a Company’s Documents & Records”

(f) “Power to Grant Relief – Directors’ Liability; Section 391 of the Companies Act”

(g) “Oppression, Disregard of Shareholders’ Interests & Prejudice”

(h) "Shareholder Disputes" (co-authored with the Berkeley Research Group)

(i) "Shareholders Agreement" (co-authored with Manulife Financial Advisers)

As part of his corporate disputes practice, Mark also advises both individuals and corporations in relation to debt / asset recovery, bankruptcy and corporate insolvency matters. Mark has acted for High Networth Individuals in resisting bankruptcy applications and acted for and advised corporate clients in respect of statutory moratoriums (Section 211B), judicial management appplications (Section 227B), etc.

In the time that Mark has been in practice, he has been involved in a variety of complex litigation, including a case in relation to the enforcement of an English judgment in respect of assets worth more than US$17 million against foreign state-owned entities. Mark also acted as lead counsel for a remisier in a multi-party suit involving, inter alia, a prominent trading house and a foreign claimant incorporated in the British Virgin Islands with cross-border elements traversing multiple foreign jurisdictions.

Mark has acted in numerous high profile cases which were featured in various prominent newspapers and local publications. Notably, Mark was interviewed by “The Business Times” where WMH Law Corporation was described as “a young law firm punching above its weight”. Separately, in an article by Lianhe Zaobao (联和早报)(a mandarin newspaper), Mark was described as such; “Mr Lee not only helped his client avoid a potential imprisonment term of up to two years, a fine, caning or any combined punishment, Mr Lee also helped his client to start the re-healing process for his whole family.

Mark has also routinely been invited on live interviews to share his views on various current affairs of the day and high profile cases, including interviews with Channel NewsAsia, Mediacorp Capital 95.8FM, etc.

Mark believes in giving back to the community and volunteers regularly through various avenues with a myriad of organizations. Mark volunteers with Justice Without Borders ("JWB") and helped review various segments of JWB’s Practitioner’s Manual (Third Edition); entitled “Pursuing Civil Claims for Foreign Domestic Workers in Singapore and from Abroad: A Practitioner’s Manual”.

Client Accolades

  • Very professional ... [Mr Mark Lee] helped us in solving an international commercial dispute and we could not be more satisfied with their legal help and professional attitude. ...

  • ... An astute lawyer... keen grasp of the law ... able to very swiftly discern the underlying issues of a dispute. Mark’s keen strategies and wealth of experience have been great assets to my company.

  • "... excellent lead and guidance from Mark throughout our entire case in the High Court. It was our company's first legal dispute and we were glad to have Mark in our corner. Great professionalism."

  • ... helpful and extremely competent ...[in dealing with] inter-jurisdictional matters ... . Mark completed the job with outstanding competence ... extensive legal knowledge. He is a credit to the Singapore legal profession.

  • "... professional, effective and I can always count on him to deliver top-notch service."

  • "a very effective litigator who delivers results for his clients. He is precise with his advice and surgical with his approach and strategy to complicated issues. ... very impressed with his professionalism ... ."

  • ... professional and yet approachable style that make us feel so comfortable. ... great passion and commitment ...

  • ... driven and motivated and worked tirelessly to fight for the best outcome ... deeply impressed by his professionalism."

Speaking Engagements

  • Conducted seminar on "Directorship Fundamentals" to various large, medium enterprises and trade associations in Singapore

  • Conducted seminar on “Debt/Asset Recovery” to various large, medium enterprises and trade associations in Singapore

  • Conducted seminar on “Company Law Series” to various large, medium enterprises and trade associations in Singapore

  • Invited to speak at Singapore Management University’s inaugural “Law For All” seminar series

  • Invited to speak on civil claims identification and evidence gathering (in collaboration with Justice Without Borders for foreign domestic workers working in Singapore)

  • Invited to speak at Justice Without Borders’ 3rd Annual workshop on “Employing Legal Solutions for International Migrant Workers: A Legal Education Workshop on Cross-Border Civil Litigation

Memberships / Appointments

  • Advocate & Solicitor, Supreme Court of Singapore
  • Member of the Law Society of Singapore
  • Member of the Singapore Academy of Law
  • Lead Lawyer Panel, Criminal Legal Aid Scheme
  • Panel lawyer, Criminal Legal Aid Scheme
  • Panel lawyer, Legal Aid Bureau