Issue #29 : Let Us Speak!
Welcome to the 29th edition of Overheard in Asia!
Here are the 🌶 headlines:
Cambodia: Asiatic Group Units initiates arbitration against its Cambodian JV partner in a power plant project
China: Samsung sues China-based BOE Technology Group over alleged patent infringement
China: Mobvista asks Chinese court to quash arbitration award over Beijing Reyun buyout
Hong Kong: FTX files a USD 157.3 million lawsuit against the former employees of its Hong Kong affiliate
Japan: Spain files for annulment of ECT award favourable to Japanese investor
Malaysia: Italian court won't enforce partially annulled award relating to a Malaysian steel plant
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
The Ultimate Streaming Partnership?
SK Broadband Co, South Korea’s No.2 internet service provider, and Netflix Inc, have just reached a landmark settlement following a 3-year dispute.
🍿 Background
Network usage payment has been a testy topic for awhile.
SK Broadband argued that content providers like Netflix should be paying the usage fees due to the usage in traffic demand. Netflix’s Squid Game, for example, had cost it an additional USD 23 million due to the massive increases in streaming traffic in South Korea.
Netflix disagreed, arguing that it would be double billing to charge both end-users and content providers and filed a lawsuit to confirm the non-existence of this debt.
When the Court of First Instance ruled in favour of SK Broadband, Netflix appealed.
SK Broadband retaliated by filing a lawsuit in the Seoul High Court to claim for the return of unjust profits.
🔥 Landmark Agreement
On 18 Sept, SK Broadband and Netflix announced that they had mutually withdrawn their respective lawsuits.
Instead, they had decided to forge a new service partnership.
While the specifics remain undisclosed, the new partnership is anticipated to cover the bundling of Netflix products alongside SK Broadband’s IPTV and SK Telecom’s service plans.
Sounds like a promising partnership to us!
You’re Wanted!
Auto tycoon Carlos Ghosn was the CEO of Nissan for two decades, rescuing it from near-bankruptcy.
In November 2018, Carlos was arrested on charges of breach of trust, misusing company assets for personal gains and violating securities laws by not fully disclosing his compensation.
In December 2019, he jumped bail in Japan in a daring escape by hiding in a box spirited aboard a private jet out of the country!
Carlos now lives in Lebanon, which has no extradition treaty with Japan & doesn’t extradite its citizens (Carlos has citizenship in Lebanon, France and Brazil).
🍿 What Now?
In May 2023, Carlos filed a $1 billion lawsuit against Nissan. He claims to have been detained in Japan on false charges due to Nissan’s character assassination campaign against him with the aid of the Japanese government and accomplices in France.
Consequently, he is now seeking $500 million in damages and another $500 million for compensation including salary, retirement funds and stock options. He is also seeking monetary compensation from a Nissan affiliate based in Lebanon and entities that were involved in the investigation leading up to his arrest.
Hearings have just begun in Beirut.
We think that the heat is about to go up! 🔥
Let Us Speak!
For years, North Korean defectors and campaigners in South Korea have sent anti-Pyongyang leaflets into the North using balloons or bottles on border rivers (“Leafleting”). The leaflets are often printed on small plastic bags that also contain food & USD sticks covering South Korean news and dramas that are harshly critical of the North Korean leadership.
Which, as you can imagine, the North Korean leadership was unamused with.
The North expressed its displeasure by blowing up an inter-Korean liaison office in a Northern border town.
In 2020, then-President Moon Jae-in passed the 2020 North Korea Leaflet Ban Act (“2020 Act”). The 2020 Act made Leafleting punishable by up to 3 years in prison or a fine of 30 million won (USD 22,000).
In 2022, the North Korean defector-activists challenged the 2020 Act.
🍿 What now?
Last week in a 7-to-2 vote ruling, South Korea’s Constitutional Court struck down the 2020 Act, calling it an excessive restriction on free speech particularly as it employs the force of state punishment, which should be the last resort.
The 2 dissenting judges argued that the law only placed limits on the expression of opinions, not the content itself. Alternative methods like press conferences and meetings with North Korean defectors could be explored.
Given that this decision takes effect immediately, we wait with bated breath to see how the North reacts!
Spotlight: Ji En Lee (Co-Founder & CEO, Chambers Lab)
⚒️ What do you do?
I am the CEO and co-founder of Chambers Lab.
I am on a mission to help disputes practitioners practice in a happier (and better!) way. Chambers Lab takes care of the “unsexy” but crucial components of a successful independent practice (everything from virtual admin support to business development support to tech support) so that our clients can focus on what truly matters – the practice of law.
We also work with David Grief, who has years of experience as “the Law’s Middleman”, to help lawyers (both independents and law firms) build the right team for their cases.
🏆 What is your proudest achievement?
I had the privilege of working with my good friend, Too Xing Ji, to represent Pannir Selvam – a death row inmate in Singapore. We were instructed at the dock in the Singapore Court of Appeal on 23 May 2019 – the day before Pannir was scheduled to be executed. Fortunately, the CA agreed with us on that day and granted Pannir a stay of execution.
I am proud to have known Pannir as a person. Despite the setbacks in his life, Pannir remains determined to live a meaningful life. He even managed to write some songs in the prison! You can check out “Arah Tuju” by Santesh and “Bukan Sekadar Hikayat” by Saint T.F.C. on YouTube.
⌛ There are now 25 hours in a day! How do you spend your extra hour?
Sleep! We live in a sleep-deprived society, and I think we will all be much happier and much more productive if we sleep better (both in terms of quality and quantity).
If I had enough sleep, I would probably spend that extra hour taking life in the slow lane – meditate or do some reflections.
🚀 If you weren't a lawyer, what would you do?
Well, I think my current role is the answer to this question. I have always enjoyed solving problems and tinkering with technology, so I am very grateful that my current role allows me to combine these passions with my passion for law (and the notion of justice).
😋 Your favourite food haunt
My favourite “mamak” (i.e. Indian-Muslim eateries in Malaysia, which I consider to be an institution in the Malaysian food culture) is the one under the big tree in Kepong Baru in Kuala Lumpur. For the longest time, this “mamak” existed without a name. We just referred to it as the “mamak” under the big tree, and everyone would know where you were referring to.
Their nasi lemak and fried chicken (with sambal) are to die for. There is also something very comforting and “chill” about eating and hanging out under a big tree. You can find it on Google Maps as the “Big Tree Head Mamak”: https://maps.app.goo.gl/FbBhToxa9mQfPy5x5
For the more health-conscious crowd, Ganga Cafe (the place featured in my picture above) is a must-try if you are in KL, Malaysia. They serve delicious Indian and vegetarian food, as well as a great Pranic juice.
Food Feature
If you are looking for a breakfast spot in Taipei, then Yong He Soy Milk King is a must-visit.
This small eatery is renowned for its delicious soy milk and traditional Taiwanese breakfast dishes. The menu features a variety of options, including savory and sweet dishes, such as soy milk, fried dough sticks, egg crepes, and sesame cakes. Everything is freshly made and served hot!
One of its most popular dishes is the fried dough sticks, or 'youtiao'. They are the perfect accompaniment to their signature soy milk, which is thick, creamy, and slightly sweet.
If you crave for something savoury, then try their egg crepes instead, which are filled with various fillings such as ham, cheese, and vegetables!
Details: Google Maps
Are you a student or young lawyer?
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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!