Issue #21 : Battle of the Stars
Happy Monday!
Did you miss us?
Never fear. We've got the latest 🌶 legal headlines for you:
China: Chinese environmental group sues TEPCO over radioactive wastewater dump plan
India: Delhi High Court orders Spicejet to pay USD 46.2 million to former majority owner of the airline
India: Delhi High Court quashes probe by Competition Commission of India into accountancy regulator
India: Japan urges India to withdraw WTO appeal over New Delhi's imposition of tariffs on ICT goods
Singapore: Ebix wins SIAC arbitration over share purchase agreement dispute
Singapore: Credit Suisse loses $926 million lawsuit by former Georgian prime minister
Taiwan: Realtek Semiconductor Corp sues rival Taiwanese chipmaker over patent 'bounty' agreement
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Next Up on the Chopping Board
India's been a huge pain in the behind for streaming giants.
Before, they've had to self-censor a ton of content and handle complaints over issues like religious sensitivity.
Now the Indian Health Ministry has thrown a new spanner in the works.
🍿 What Happened?
Last week, the Health Ministry issued a mandate for all streaming companies to insert into their programme:
static health warnings during smoking sequences; and
at least 50 seconds of anti-tobacco disclaimers at the start and midpoint of each programme.
This must be completed within 3 months which, as you can imagine, has big streaming giants up in arms!
🤔And the Response
Netflix, Amazon and Disney are apparently filing a legal challenge to ease new guidelines, and questioning the Health Ministry's jurisdiction over the streaming giants.
They're also exploring other options to stall the new rules.
That said, it does make us wonder: What's next on the chopping board?
War? Violence?
Lets Sell It All!
Bharat Aluminium Company Ltd (BALCO) is an aluminium producer under the Indian Ministry of Mines.
In 2001, the government sold 51% of its stake to a subsidiary of Vedanta Ltd, Sterlite Industries Ltd.. The deal included a call option that would allow Sterlite to acquire the residual 49% by March 2004.
In 2004, Sterlite made an offer, which was rejected on grounds that the BALCO valuation should’ve been higher.
Unhappy, the company initiated arbitration against the government in 2009.
🍿 Now
Government interests have shifted. Its Public Sector Enterprises (PSEs) policy focuses on the government exiting from non-strategic sectors and minimising its presence in PSEs.
As such, the Indian government now wants to sell its remaining 49% stake via an IPO before exiting.
To do that, it’ll have to withdraw its 2009 arbitration.
P/S: The government aims to raise Rs 51,000 crore (USD 110 million) from its sales bonanza.
How much do you think it’ll net from BALCO? 😏
Battle of the Stars
The battle of the Kpop stars has commenced with SM Entertainment in the spotlight again.
ICYMI - SM is one of the largest South Korean entertainment management agencies around and counts Girls’ Generation, SHINee, NCT and Vespa as some of its most well-known acts.
🍿 What Happened?
EXO’s Baekhyun, Xiumin and Chen are suing SM over 2 main issues: payment and signing of slave contracts.
Specifically:
Their payments are overdue and lack transparency; and
Their contracts are unfair: E.g. The start date is taken to be the date of release of their first album, they last over 17-18 years and automatically extend by 3 years if the artist works overseas.
🤔History
It’s not SM’s first time in hot water.
In 2009, 3 of the original 5 members of TVXQ! brought SM to court over their “slave contracts”, and consequently won the right to work independent of their SM deals.
In 2010, South Korea’s Fair Trade Commission made slave contracts illegal, requirement entertainment companies to sign individuals for a maximum of 7 years initially.
So how has SM been circumventing this law?
Can South Korea ever be rid of slave contracts?
We’ll just have to wait and see. 🤷🏻♀️
Spotlight: Angelo Valencia (Board Director, Nickel Asia Corporation)
⚒️ What do you do?
Currently, Board Director of a publicly listed company Nickel Asia Corporation, one of Asia Best Managed Companies 2023, also for public regulated companies - GR Bank, Inc, - Central Luzon Philippines biggest Rural Community Bank & Country Bankers Insurance Group. In these companies, I sit as an Independent Director.
I also serve as Food Security, Education, and Environmental Stewardship Adviser, Integrated Bar of the Philippines, Senior Fellow at the Development Academy of the Philippines (DAP), a Lecturer at the Armed Forces of the Philippines (AFP) Command Staff Graduate Course, and a Senior Advisor to the NOLCOM Heroes Foundation, Philippine Marine Corps, the Philippine Air Force, and AFP Leadership Development Center and a Senior Partner at the Sed Lex Corporate Legal Advisory Group and Managing Director of Community Sustainability Ventures, Inc.
🏆 What is your proudest achievement?
Approximately 12 years ago, I narrowly escaped death while diving 156 feet beneath the Sulu Sea. This event had a profound impact redirecting the course of one’s life and career.
Community building became my primary focus to synergize corporate work with community empowerment.
One of the endeavors was called Klasrums ng Pag Asa (Classrooms of Hope), involving the construction of classrooms in the Cordilleras, Palawan, Maguindanao, Basilan, Tawi Tawi and Sulu regions of the Philippines.
We also partner with corporations to encourage their own initiatives.
⌛ There are now 25 hours in a day! How do you spend your extra hour?
I would spend it at The Nest or at the Tibby's AgroForest Farm in Angeles, Pampanga, Philippines, where we can unwind, put my feet up, and enjoy a moment of relaxation to recharge our batteries for the journey ahead.
I find great pleasure in using this time to plan and foster meaningful connections with family and within communities and the corporate sector at our Carbon Capture Based Camp amidst Green, Renewables and Nature.
🚀 If you weren't a lawyer, what would you do?
Probably doing exactly what I’m doing right now, but without the title of an attorney. More of a Teacher, Mentor and Social Entrepreneur. While I was trained as a Lawyer, I am also not only Operations Honed but a Community Builder by Heart, Farmer by Nature. What matters most to the community and country, is to bring people and the community from where they are to where they should be in a sustainable manner.
😋 Your favourite food haunt (bonus points if it's off the beaten track!)
Recently while I was in Singapore, I craved for pansit (a local stir-fried noodle dish with vegetables) and adobo (the national dish of the Philippines), and ended up in Kabayan Restaurant at the Lucky Plaza, Orchard Singapore. Panalo!
Other than that at 1798 Lifestyle Studio, Pampanga, Philippines.
*Note: This interview has been edited for length and clarity.
Food Feature
Fancy some authentic & contemporary Burmese cuisine in an upscale restaurant in Myanmar?
Check out Burma Bistro.
Its Shan noodle soup (picture above) is delectable and a classic Burmese dish consisting of rice noodles in tomatoes soup with chicken or tofu.
We'd also recommend trying out other classics like a Kachin-spiced braised chicken and Chin hill-region chicken soup with hominy and beans too!
Details: Google Maps, Website, Facebook
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!