Issue #36 : Billions At Stake
Welcome to the 36th edition of Overheard in Asia!
Here are the 🌶 headlines:
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Pay Me Now!
Make it stand out
Whatever it is, the way you tell your story online can make all the difference.
Byju was once for poster child for India’s edtech startup scene, but no more.
In an attempt to stay afloat, Byju has been attempting to cut costs by not renewing its branding partnerships with BCCI (Board of Control for Cricket in India), ICC (International Cricket Council), and FIFA (Federation Internationale de Football Association).
🍿 What Happened?
Byju had a 3-year jersey sponsorship agreement dated March 2019 with BCCI (later extended for an additional year).
Payments were made until September 2022, but not for October 2022 to March 2023 resulting in a National Company Law Tribunal petition filed against Byju in November 2023 for Rs 158 crore (approx. USD 19 mil).
🚨 What now?
Byju has filed an application to refer its dispute with the Board of Control for Cricket in India to an arbitrator, contending that there are both questions of law and fact involved in the dispute which necessitates a resolution through arbitration.
The hearing has been postponed to 7 Feb, so we’ll see how this unravels over time!
Burberry Win in China
Trademark squatters and infringers have long been a headache for Burberry in China.
🍿 What Happened?
2 of Burberry’s biggest infringers are the Chinese companies Shentu Clothing Shanghai and Xinboli Trading Shanghai, who used similar trademarks to imitate the look and feel of Burberry clothing and related goods. This includes the name, logo, packaging and shape of tag used.
They even took the additional step of registering the trademark BANEBURRY to sell their infringing goods!
Naturally, Burberry took action.
In 2021, Burberry won its first in junction in China against both parties at the Jiangsu Intermediate People’s Court of Suzhou.
👀 What Now?
More recently in 2023, the Jiangsu High Court ruled that both companies must pay Burberry RMB 6 million in damages for infringing the Burberry trademark and the Burberry knight design trademark.
This ruling is part of a growing trend of Chinese courts awarding higher damages for trademark infringement cases.
Drama of the Media Titans
Get ready for an epic media dispute unfurling in India.
🍿 What Happened?
The Indian unit of Sony Group was planning a $10 billion merger with Zee Entertainment - a merger that, if successful, would’ve created one of India’s biggest TV broadcasters with 100+ channels and two OTT platforms.
For context, Zee was established in 1992 by the “Father of Indian Television”, Subhash Chandra, and has been a household name in India for years.
However, things started getting testy when the Indian Securities and Exchange Board of India launched an investigation against Zee’s CEO, Punit Goenka, for allegedly faking the recovery of loans to cover private financing deals by its founder.
Wary of the regulatory probe, Sony refused to let Goenka lead the new entity (if the merger had happened), despite it being part of the terms in the 2021 pact.
🚨 What now?
As parties couldn’t agree to an extension after the 21 Jan deadline to their good faith negotiations, Sony is seeking $90 million in termination fees for alleged breaches of the merger agreement and initiating arbitration at the Singapore International Arbitration Centre.
Zee denies all claims and will file counterclaims on the “irreversible” steps it’s taken towards the merger.
Time to grab the popcorn!
Spotlight: Daniel Chua
What is your current role?
I am a Senior Associate in Peter & Kim’s Singapore office. I work across a diverse range of cross-border dispute resolution with a particular focus on international commercial and investment treaty arbitration, across a range of sectors including energy, hotels, infrastructure, mergers and acquisitions, mining, pharmaceuticals, professional services and telecommunications sectors, as well as disputes involving elements of public international law.
I am currently defending a Southeast Asian State against investment treaty claims brought against them in ICSID Additional Facility Arbitration proceedings on allegations of denial of justice. The dispute raises interesting questions on the interplay (if any) that the New York Convention has on the standards of investment protection that one should expect by virtue of being a signatory to the New York Convention.
What is your proudest achievement?
I think my most recent professional achievement that I am proud of is having a book on Malaysian commercial conflict of laws which I co-wrote cited with approval by a judge in the High Court of Kuala Lumpur. The point related to the different criteria to be adopted when faced with an application to stay court proceedings in the face of an exclusive jurisdiction clause or non-exclusive jurisdiction clause. The judge had “respectfully adopt[ed]” our analysis and added further to the legal test we proposed.
A special shoutout to my co-authors Kwong Chiew Ee, Chai Phing Zhou, Aravind Kumar and Melvin Ng, who are continuing to write about this developing area of law in Malaysia.
If you weren't a lawyer, what would you be?
I had always dreamed of writing my own series of epic fantasy novels, having been inspired by the legendarium created by JRR Tolkien. While I’m now quite used to writing to tell my client’s stories and what I think arbitration and conflict of laws is and should be, they’re often not as fantastical.
If you had 25 hours in a day, what would you do with the extra hour?
Maybe get started on writing those novels I was talking about.
Your favourite food haunt is...?
Growing up in Penang, there is just too many to choose from. If I had to choose one, it would be Sin Nam Huat Roasted Chicken & Duck Rice in Fettes Park, which is just a few minutes away from my family home in Penang. They serve the best mixed chicken, duck and pork rice, and chai boey (mustard greens stew).
Note: Edited for clarity & brevity.
Food Feature
If you're in the mood for a unique fusion of African and Caribbean cuisine in the heart of Kuala Lumpur, look no further than Joloko. With a vibrant atmosphere and friendly staff, Joloko is the perfect spot for a night out with friends or a romantic date.
One must-try dish at Joloko is the Jerk Chicken, a staple of Caribbean cuisine. The chicken is marinated in a blend of spices, including scallions, thyme, and allspice, before being grilled to perfection. Paired with a side of plantains or rice and peas, this dish is a feast for both the eyes and the taste buds.
Another standout dish is the African Peanut Stew, a hearty and savory stew made with chicken, sweet potatoes, and a rich peanut sauce. Be sure to save room for dessert, as Joloko's homemade rum cake is a decadent and delicious way to end your meal.
Details: Website, Facebook, Google Maps
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!