Issue #1: When the Tax Man comes calling…
Welcome to the Overheard family!
As this is our inaugural issue, here's a quick introduction of myself & what Overheard is all about (future editions will be shorter & can be consumed in 3 minutes).
Who am I?
I'm Ling Yah - a litigator turned in-house counsel based in Malaysia, and also the Editor of Overheard in Asia.
How did it start?
Overheard in Asia began, as with many things, over a meal.
A bunch of us lawyers realised that there wasn't a newsletter catered specifically for us, and which also spoke our language.
So the obvious solution presented itself - let's just create one!
What will you get?
Overheard will offer a bimonthly snapshot of:
the latest developments in APAC's disputes & arbitration scene
the 🌶️ events to attend (and 🌶️ tips on maximising your time there)
what some of our APAC colleagues are up to & their career highlights to date
and most importantly...
🤤 hot takes on the best food(find out more by scrolling down).
👯♂️ Overheard also has its own Discord channel.
It's where we'll hang out, get to know each other (whether you're a legal practitioner based in APAC, a law student or just someone interested in the industry) and grow as a community.
If you'd like to be part of the family, you can join us HERE!
✍🏻 Last but not least, if you have any suggestions on how Overheard can be improved, what or who can we feature, do reach out!
Just hit the Reply button, or email me at editor@overheard.asia
And if someone forwarded this newsletter to you, you can subscribe to future Overheard in Asia newsletters HERE.
See you in 2 weeks' time!
Ling Yah
Singapore Convention Week (29 Aug - 2 Sept)
Nothing signals the return of normality than... a convention.
And kicking off this Monday, we've got the Singapore Convention Week!
Why should you care?
Organised by the Singapore Ministry of Law, it's a week-long convention focused on "Embracing Global Change, Navigating New Possibilities".
You'll get panel discussions & fireside chats on the latest issues in the APAC dispute resolution scene, and even a chance to visit Sinagpore’s first-of-its-kind gin distillery. 🥃
Yum.
Hot Tips
If you're attending, here's what we'd recommend:
SIAC Symposium (29th Aug): SIAC's new flagship conference with speakers including Mr K Shanmugam SC (Singapore's Minister for Law), Toby Landau QC, and other eminent figures in the international arbitration industry.
Litigating in the Asia Pacific Region (1-2 Sept): Organised by the IBA Asia Pacific Regional Forum, the conference has an impressive line-up of speakers. We are particularly excited by the panel on "Tracing the Influence of Western Jurisprudence in Asian jurisdictions", which features Winnie Tam SC, Stuart Isaacs QC, Justice Nallini Pathmanathan FCJ, Tony Budidjaja and Justice Robert Tang NPJ.
Expert Evidence in a Post Pandemic World: A Focus on Witness Conferencing and Single Joint Experts (2 Sept): Tom Bathurst QC (the recently retired Chief Justice of NSW Australia) is speaking, and you can even "Zoom in" 🧑🏻💻 if you can't join in person.
Feeling FOMO?
You can register & find out more about SC Week 👇🏻
60th AIJA Congress (22 Aug - 27 Aug)
AIJA (International Associate of Young Lawyers) is a global association of young lawyers and in-house counsel (👶🏻 aged 45 and under), with over 4,000 active members in 90 countries and a network of 100,000 legal professionals worldwide. AIJA is 60 years old this year, even though it is still relatively new to most of us in APAC.
What happened?
From 22 - 27 August, AIJA organised a gathering of over 800 lawyers from 60 jurisdictions to discuss "the Future of the Legal Profession", which explored issues such as the future of the M&A, green shipping and sustainable businesses, digital healthcare services & law firms 2.0.
But the most incredible aspect of the AIJA Congress is the social events - there were beach parties 🏖️, Gala Dinner inside the Flower Dome at Gardens by the Bay 🌻, walking dinner at the Esplanade Concert Theatre 🎺, and more! You need to experience the legendary "AIJA Spirit" in person because words can't do justice to it.
Main Takeaways
On a more serious note, we spoke to Joanna Chew, a commercial litigation and international arbitration Partner at Braddell Brothers & a member of the Organising Committee for the AIJA Congress.
She said her main takeaways from the Congress were:
It's important to keep an international outlook when you practice as a lawyer. The world is getting increasingly connected & it'd be foolish to limit yourself to domestic work, regardless of the area of law you are practising.
There are many common problems lawyers face, regardless of where we come from. This means lawyers in Singapore should always be curious, keep an open mind & learn to discuss and evaluate solutions adopted by other countries. After evaluating these solutions, we can consider how we can adapt and implement them locally.
Want to join this amazing group of young lawyers in their future events?
Getting a "bizarre" USD 111M tax bill
No one likes taxes.
But when it's applied retrospectively + comes to a whooping USD 111 million bill, you get this 👇🏻
What happened?
Digicel PNG (a Caribbean-based mobile network operator & home entertainment provider) filed proceedings in the ICSID (International Centre for Settlement of Investment Disputes) over a new Papua New Guinean tax law - the Additional Company Tax ("ACT").
The ACT - which had retrospective effect - left Digicel with a tax bill amounting to:
a one-off levy of PGK 350 million (USD 97 million); and
further penalty charge of PGK 50 million (USD 14.2 million) for non-payment.
While Digicel's proceedings are still pending hearing...
Other Challengers
The ACT is also being challenged by:
Opposition Leader, Hon Belden Namah, and
BSP Financial Group in Papua New Guinea's Supreme Court
who want the ACT declared unconstitutional.
Looks like it's not all sunshine & beaches in the Caribbean.
Spotlight - Lucas Bastin QC
⚒️ What do you do?
I’m a barrister (Queen’s Counsel) in London, working on all forms of international disputes (litigation, arbitration and international law), with a significant number of matters coming from the APAC region.
🏆 What is your proudest achievement?
My proudest professional achievement is gaining true breadth of experience in international work, covering all forms of international tribunals and courts (including acting for clients and government in the APAC region in relation to WTO, ICJ, and investment arbitration proceedings), all level of courts in the UK (including acting for Libya before the UK Supreme Court), and working on disputes across a large number of jurisdictions, including through the APAC region.
⌛ There are now 25 hours in a day! How do you spend your extra hour?
With family 👨👩👦, maybe a book 📔, or catching up on cricket from around the world🏏.
🚀 If you weren't a lawyer, what would you do?
I often say I would be a cricket groundsman – I think I would enjoy it!
😋 Your favourite food haunt (bonus points if it's off the beaten track!)
The Perch in Binsey and Kazzi in Balmoral.
Food Reveal
This Szechuan spicy dumpling with its trademark vinegar sauce is known as the Zhong Guo La Mian Xiao Long Bao 中国拉面小笼包.
Located on the 1st floor of Singapore's Chinatown hawker centre, the dumplings are always made fresh, there is always a long line (particularly during lunchtime) but at $5 for 10 pieces, it's a steal.
If you're in Singapore for SC Week, jot it down in your foodie diary!
Details: Facebook, Google Maps
P/S: They have a non-spicy version too.
Are you a student or young lawyer?
Want to get involved in helping to run Overheard? Meet senior practitioners? Do legal research with real world impact?
We're always looking for bright, young talent like yourself so if you're interested, give us a holler at editor@overheard.asia!
Special thanks to Overheard in Asia's sponsor:
David Grief was described as "the Law's Middleman" (Business Times, 2021). You can reach out to him at dg@davidgrief.com if you need help identifying the right lawyer, arbitrator or expert for your matters, or even if you just want to grab a drink 🍵🍺 with someone who has managed and mentored lawyers for almost 5️⃣0️⃣ years!