Issue #24 : Grab Goes Free!
Welcome to the 24th edition of OIA!
Here are the 🌶 headlines:
India: Delhi High Court dismisses PepsiCo's appeal in potato variety patent revocation case
India: India and US mutually resolve all 6 pending WTO disputes
Singapore: EST Group obtains expedited hearing date for Sabana REIT litigation
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Grbbing to Freedom?!
Make it stand out
Whatever it is, the way you tell your story online can make all the difference.
Earlier this month, the Malaysian High Court overturned a RM 86.8 million fine imposed by the Malaysian Competition Commissioner (“MyCC”) against Grab - one of the most popular ride-hailing platforms in the region.
🍿 Background
In 2009, MyCC imposed a hefty fine on Grab Holdings Inc and its subsidiaries under the Competition Act 2010.
MyCC alleged that Grab had abused its dominant market position. This included:
Imposing restrictive clauses on its drivers;
Prohibiting Grab drivers from promoting other e-hailing services in their vehicles; and
Acquiring its competitor, Uber, which allowed Grab to monopolise the market.
Grab denied these allegations and argued that it had always prioritised consumer welfare.
🤔Decision
The Court held that:
The fine was unreasonable and breached procedural rules.
MyCC had provided insufficient evidence in support of its claims of anti-competitive behaviour by Grab.
Grab’s claim for damages was denied. There was no evidence of mala fide behind the imposition of fine.
The Jurisdiction in MINE!
The Hong Kong Court of Final Appeal (“CFA”) has just issued a landmark judgment on whether non-compliance with an escalation clause (otherwise known as a multi-tiered dispute resolution clause or “MDR clause”) would deprive an arbitral tribunal of jurisdiction to hear the dispute.
An MDR clause is where parties agree to negotiate or mediate prior to commencing arbitration proceedings.
🍿 Background
In C v D [2023] HKCFA 16, the contract in question had an MDR clause that required parties to attempt to resolve their dispute amicably within 60 business days failing which “either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution.” (“Condition Precedent”)
D issued the written notice to C’s board of directors instead of the CEO.
Consequently during arbitration, C argued that the tribunal lacked jurisdiction because the Condition Precedent hadn’t been satisfied.
The tribunal dismissed C’s argument & ruled in D’s favour on the substantive merits of the case (“Partial Award”).
C failed to set aside the Partial Award at the Court of First Instance but was allowed to appeal before the CFA - the first case in Hong Kong to consider this specific issue on MDR.
👀 Now
The CFA unanimously dismissed C’s appeal with costs on an indemnity basis and held inter alia that in absence of clear language to the contrary, the tribunals would decide on the question of compliance with an MDR clause.
On a wider note, Hong Kong is a Model Law jurisdiction which means that this case will likely impact the 118 jurisdictions whose arbitration legislation is based on the Model Law!
Unveiling India
After more than two decades of restrictions, the Bar Council of India finally announced the liberation of the Indian legal market. Foreign lawyers and law firms can now practice foreign law in India on a reciprocity basis.
The problem: A lack of clarity in these changes.
Which is why we wanted to highlight a talk that is being moderated by the Director of the AIAC this Thursday, entitled “Unlocking India’s Potential: Navigating the Reforms in India’s Legal Market and Arbitration Laws”.
Gourab Banerjib SA
The guest speaker is Gourab Banerjib SA - one of India’s leading practitioners.
He was also:
The Additional Solicitor General for the Union of India from 2009-2014;
Appointed as amicus curiae to assist the Supreme Court of India in several landmark arbitration cases; and
Appointed by the Government of India to be part of the newly constituted Expert Commission to reform its current arbitration laws.
The talk will touch on the Indian legal market, its liberalisation & impact on foreign practitioners.
Details of the AIAC Talk
Date: 27th July 2023 (Thursday)
Time: 5:00 pm – 7:00 pm MYT (GMT +8)
Venue: Seminar Room 1, AIAC
Note: Admission is FREE but with limited seats.
To reserve your seat, email events@aiac.world or scan the QR code in the flyer below!
Food Feature
Are you craving Korean food?
Located at the heart of Tanjong Pagar, O.BBa Jjajang is the go-to place for authentic Korean dishes.
Be sure to try their signature Jjajangmyeon (Black Bean Noodle)! It's one of the best in Singapore, with a good balance of sweet and salty. If you are into spicy food, give Jjampong (Spicy Seafood Soup with noodle) a go. For the undecided ones, set meal options are available.
Other plus points?
Free sides + good service + good portion size.
You might want to head there earlier, or be prepared to queue especially during peak hours!
Details: Google Maps, 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!