Issue #2: Progress & Justice
Happy Monday!
ICYMI, here are some headlines that just hit our shores:
South Korea: South Korea to pay less than 5% of Lone Star's (Texas PE group) USD 4.7 billion ICSID case
No one ever said it's boring in the land of disputes, eh?
See you in 2 weeks' time!
Ling Yah
Clash of the Titans
Carlsberg won a USD 1.5 billion SIAC dispute over its businesses in Nepal & India, with the rights to buy out its JV partner (who owned 33%).
No mean feat, since its JV partner was part of Nepal's prominent Khetan family.
Moral of the Story: Just because you're Family, doesn't mean you're above an "incurable material breach" of contract. And you've got to use your "best efforts" to attend those dreary board meetings!
Carlsberg was represented by Norton Rose Fulbright's team in Singapore. KC Lye, the former head of disputes, led the team until he left to become an independent arbitrator and counsel earlier this year. Norton Rose Fulbright's international arbitration team in Singapore is now led by Katie Chung and Andrew Battisson.
The International Council for Commercial Arbitration 2022 ("ICCA Congress")
The ICCA Congress is back & will be held in Edinburgh from 18th - 21st September.
Think Harry Potter castles, kilts, haggis (it's actually pretty good, but an acquired taste), fried Mars bars (it's... oily) and of course, all things arbitration.
🤔 What's the ICCA Congress?
The ICCA Congress is one of the world's largest international arbitration conference.
Sadly not immune to the pandemic, the Congress is finally back after a 2 years' hiatus & promises to be the ICCA of ICCAs! 🍾
🚨What's happening?
The agenda's packed (see here), but we recommend:
3 classics revisited: Barcelona Traction, Abu Dhabi Oil & Mitsubishi Motors (Day 1, Panel 2)
Post Pandemic Dispute Resolution Toolbox (Day 1, Panel 5)
Regional Themes II: Asia, Africa and the Middle East: Dynamism and Consolidation (Day 2, Panel 8)
New Frontiers I: Arbitration in the Age of [Post-Pandemic] Technology (Day 2, Panel 11)
The Great Debate: "A World Without Investment Arbitration?" (Day 3, Panel 15)
"Justice is not only to the Accused"
It's been a momentous 2 weeks for Malaysia, and many years in the making.
Former Prime Minister Najib Razak
Najib's case relates to the $4.5 billion graft scandal at the 1MDB state fund (where over $1 billion went to accounts linked to Najib).
Najib will now serve a 12 year sentence prison & pay a RM 210 million (USD 47 million) fine.
Former First Lady Rosmah Mansor
On 1 September, Rosmah was found guilty of:
soliciting RM 187.5 million as inducement to help a company secure a RM 1.25 billion Sarawakian project;
receiving a bribe of RM 5 million in 2016;
receiving a bribe of RM 1.5 million in 2017.
Rosmah has now been sentenced to 10 years of imprisonment & a fine amounting to RM 970 million (USD 213.4 million).
She still faces 17 other charges of money-laundering & tax evasion.
Spotlight - Anthony Wee
⚒️ What do you do?
I am the Managing Director of Titanium Law Chambers LLC (TLC), a firm which I co-founded with Francis Chan. I have another 5 years and 9 months left in my stint as the Managing Director of TLC before I pass the position over to Francis.
As the founding Managing Director of TLC, I am tasked with stabilising TLC and thereafter, growing it to 4 to 5 times its original size, i.e., to around 20 to 25 fee earners.
🏆 What is your proudest achievement?
I am thankful to be involved in a number of cases which catalysed some form of evolution of the law. The chief among them is the case of Lai Wai Keong Eugene v Loo Wei Yen [2014] 3 SLR 702 which eventually led to the formation of a Law Reform Committee.
The Law Reform Committee recommended a review of the system of compensation for victims of torts causing bodily injuries / death.
Consequently, the Actuarial Tables for Use in Personal Injury and Death Claims was published by the Singapore Academy of Law in March 2021 and adopted by the Courts in Singapore in determining multipliers for such cases heard as of 1 April 2021.
⌛ There are now 25 hours in a day! How do you spend your extra hour?
Sleep for half an hour and spend the rest of the time with my family. I sorely need more sleep although sometimes this need stems from my own selfish want for extra “me” time.
I also do not get enough time with my family. I miss them and I am sure that they miss me.
🚀 If you weren't a lawyer, what would you do?
A politician, a fish farmer, a businessman, a clever and elusive mafia boss!
Eventually though I do wish to be involved in making a movie in any form or manner be it writing the screenplay, directing, producing, acting or conceptualising a story that I will be proud to tell.
😋 Your favourite food haunt (bonus points if it's off the beaten track!)
For obvious reasons (which may not be for those who do not know me well), Dragon-Fly Mala Hotpot at Blk 417 Yishun Avenue 11 (Google Maps).
For those who are daring, go for the fried intestines. It goes down very well with a nice cool beer. A totally satisfying comfort food.
*Note: Interview slightly edited for length & clarity.
Food Reveal
This Alati signature Bougatsa (custard pastry with ice-cream) is the pride & joy of Alati Divine Greek Cuisine, which is located a mere 5-minute walk from Chinatown MRT in Singapore.
Great Greek food + great service.
Hot tip: Try the to souvlaki sou psara (charred grill squid and prawns) too. 🤤
Details: Facebook, Google Maps
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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!