From her career in arbitration to life in a cross-border disputes practice, CMS partner Lakshanthi Fernando shares her insights into Asia-Pacific’s legal market
From working on capital cases as the only female trainee on a top criminal defence lawyer’s team to running CMS‘s Singapore law practice, Lakshanthi Fernando has taken a route that is anything but conventional. She came to Singapore from Sri Lanka to study at the National University of Singapore, having never been to the country before and with no family there. After graduating, Lakshanthi joined one of the large local firms, because international firms were restricted from practising Singapore law at the time under the prevailing regulatory framework. She was exposed to court litigation first and then to cross-border disputes work.
“I am a bit of a renegade and did not have a traditional path,” she tells Legal Cheek Careers. “My dad is a linguist who speaks 12 languages, and he wanted me to become a lawyer because he thought it would be a good way to get out of a parking ticket!” she adds, smiling.
Her early affinity was for criminal law, working under Subhas Anandan, a famous defence lawyer in Singapore. She worked on murder and drug trafficking cases involving capital punishment. Anandan told her that criminal defence was quite domestic and that staying in it too long would make it hard to transition. International work offered a different kind of intellectual challenge, with its cross-border complexity and exposure to multiple legal systems, and it came at a time when arbitration was taking off in Singapore.
Fernando realised early on that she followed mentors rather than practice areas. That instinct led her to leave a large local firm and join a partner who gave her a breakthrough: her first major arbitration, a $50 million case at the Hong Kong International Arbitration Centre (HKIAC). “When I was 26, he told me I should be lead counsel because I knew the case better than anyone.”
Recruiters told her that international firms would not look at her because she was at a small firm. Richard Bamforth, then global head of arbitration at what was then Olswang, saw her potential and hired her anyway. “My non-traditional path developed through working with great people, which is why I remain fulfilled in private practice,” she says.
In 2015, she set up Holborn Law LLC in association with Olswang. Following CMS’s global merger, which combined the Olswang and Nabarro teams in Singapore, the practice became the formal law alliance CMS Holborn Asia. This lets the team operate on an international platform while practising court litigation before the Singapore courts with full rights of audience. Fernando heads the commercial disputes team, covering commercial litigation and international arbitration, as well as the employment team. She also sits on CMS’s APAC Management Committee and is People Partner for the region.
So what might surprise a London trainee about her working week? The first thing is how much relationship building is involved. In Asian markets, Fernando explains, relationships are cultivated over time with personal investment, and “a coffee or lunch meeting is often the work itself”. The second is the 12-hour spread of time zones. “Mornings can start at 7:00 a.m. with US clients on sensitive investigations, followed by coordination with co-counsel in India, the Middle East, or Europe. The middle of the day goes on drafting, witness statement reviews and other substantive legal work, while afternoons usually involve calls with colleagues and clients in Korea, Hong Kong and Australia.”
Her practice has also meant moving between very different legal systems. Fernando’s team regularly deals with common law systems (Singapore, Hong Kong and Malaysia), civil law systems (Thailand and South Korea) and hybrid systems (India and Sri Lanka). Each has its own evidentiary standards, procedural expectations and cultural norms. A major skill, she says, is “knowing how to coordinate local counsel”. The team is currently handling a $300 million-plus Singapore International Arbitration Centre (SIAC) arbitration, involving related proceedings in the British Virgin Islands, Thailand and Singapore and spanning IP issues and joint venture disputes.
For students hoping to follow her lead, she has some clear advice: “First, educate yourself about the region, following decisions from the Singapore International Commercial Court (SICC) and learning the regional legal differences. Second, pursue exposure through university modules such as comparative law and Asian legal systems, and mooting competitions like the Vis Moot. Third, network purposefully and reach out to fellow lawyers. Finally, value practical experience, such as vacation schemes or internships with firms active in the region.”
CMS, she says, looks for candidates with “genuine passion”. One of her current trainees initially stood out at a job fair by asking insightful questions about the firm’s diversity and inclusion and pro bono work rather than standard corporate metrics. Language skills also help. “It is always a huge plus,” Fernando says, noting that team members fluent in Mandarin, Malay, Cantonese, Gujarati, Hindi, Bahasa or Korean are invaluable for specific market focuses.
On qualification, she says that students studying in the UK will generally be advised to qualify in England and Wales first, as an English qualification is widely recognised across APAC and “keeps options open”. However, those whose “clear commitment” is practising Singapore court litigation will need a Singapore qualification, which she describes as “highly advantageous”.
She is also keen to dispel some misconceptions held by UK-based students. The first is that Singapore is a softer or less demanding market than London. In fact, it is “just as rigorous and sophisticated with similar working hours”. The second is that you need Asian heritage to succeed. What you actually need, she says, is “genuine curiosity, cultural sensitivity, and relationship investment”. The third is that arbitration in Asia is a secondary market. In reality, Fernando says, Singapore is a top-ranked global seat alongside London and Paris, with SIAC and the SICC handling world-class cross-border caseloads.
Looking ahead, she highlights several trends for students to keep on their radar. These include growth in investor-state and treaty arbitration, increased enforcement across anti-corruption, sanctions, data protection and financial regulation, and legislative reforms in Singapore and Hong Kong permitting third-party litigation funding. She also points to the adoption of AI in document review and expanding trade frameworks like the Regional Comprehensive Economic Partnership (RCEP), which are driving new commercial relationships and disputes.
In short: “Junior lawyers will need to work seamlessly across regulatory frameworks, master technology tools, and understand the broader geopolitical and economic context of the region.”
Lakshanthi Fernando will be speaking at ‘Global beginnings: How to build your legal career in Asia-Pacific — with CMS’, an in-person student event taking place at CMS London on Monday 12 October from 6-8pm. Secure your place now.
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