Issue #38 : Butter Chicken
Welcome to the 38th edition of OIA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
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Billion Dollar Arbitration
Make it stand out
Whatever it is, the way you tell your story online can make all the difference.
IOC challenged the termination and called for arbitration in July 2017 when ESIL didn’t respond to its notice for recovery of its dues. Soon after, ESIL became insolvent.
In 2019, ArcelorMittal Nippon Steel India Limited (AMNSIL) won the bid to take over ESIL.
IOC issued a notice to AMNSIL demanding Rs 8,772 crore - an amount IOC claimed was payable under the Agreement for the period between 2014- 2020. AMNSIL repudiated these claims, prompting IOC to initiate arbitration proceedings.
👀 What Now?
The Indian Supreme Court has directed IOC and AMNSIL to nominate two arbitrators within a week; the two arbitrators would then nominate a third for resolving the dispute.
Federal Law > State Law
Malaysia’s Federal Court has just invalidated 16 Shariah-based state laws on grounds that the laws were unconstitutional and invalid (“State Laws”).
🍿 Background
Malaysia has a dual-track legal system - Shariah law covers personal and family matters for Muslims alongside civil laws.
The Kelantanese state government had implemented State Laws that imposed punishments for offences from sodomy, sexual harassment, incest, cross dressing to giving false evidence and destroying or defiling places of worship. These State Laws were in contradiction with existing federal laws concerning the same.
In 2020, a Kelantanese lawyer, Nik Elin Zurina Nik Abdul Rashid, and her daughter filed a constitutional challenge against the State Laws. This challenge sparked uproar among some conservative Muslim groups who feared that it would undermine Islam or the Shariah courts in Malaysia.
👀 What Happened?
Earlier this month in an 8-1 ruling, the 9-member Federal Court panel invalidated the 16 State Laws made by the Kelantanese state government.
The Federal Court stated that the State Laws were unconstitutional as they were covered by Malaysian federal laws.
Who Invented Butter Chicken?
Everyone loves a good butter chicken but… who actually invented it?
We may find out soon thanks to a fiery tussle between 2 Delhi restaurants: Moti Mahal and Daryaganj.
🍿 What Happened?
In 1947, Kundan Lal Gujral opened the first Moti Mahal restaurant in Delhi. Famous guests included India’s first prime minister Jawaharlal Nehru, the former US President Richard Nixon and former First Lady Jacqueline Kennedy.
Gujral later appointed his cousin, Kundan Lal Jaggi, as a partner.
In 2019, Jaggi’s heirs opened their own restaurant, Daryaganj, in Delhi to celebrate Jaggi’s culinary legacy. Its slogan, which was trademarked in 2018, was “By the inventors of butter chicken and dal makhani.”
Moti Mahal wasn’t pleased and issued a 2,752-page lawsuit accusing Daryaganj of falsely taking credit for both:
Inventing butter chicken; and
Conceptualising dal makhani - a creamy black lentil dish
👀What’s Next?
The next court hearing has been fixed for 29 May.
It might take awhile for us to figure out who actually came up with these 2 delectable Indian dishes but in the meanwhile… maybe it’s time to place a delivery order? 😉
Spotlight: Annia Hsu
What is your current role?
I'm an associate in the Singapore Office of Nagashima Ohno & Tsunematsu ("NO&T"), and I work on both commercial and investor-state arbitration. I really enjoy my work as I find it challenging, fun and engaging! There are so many fascinating industries, business models and know-hows out there.
I also get to learn about the laws of many different jurisdictions in my line of work, and the chance to collaborate with lawyers across various jurisdictions, so it never gets boring.
What is your proudest achievement?
I am really happy to have been able to go to Washington DC to conduct an ICSID hearing at the World Bank. That was the kind of work that I was aiming for after learning about investor-state arbitration in Columbia Law School (where I did my LL.M.), and I was psyched to see theory translate into practice!
If you weren't a lawyer, what would you be?
This might sound strange, but I'd use the extra hour to allow myself to take my meals slower. To me, eating is part nutrition part enjoyment, and in taking the time to savour my food, I feel more present in the moment and have a deeper appreciation for everything in my life. It's almost meditative for me to be able to eat slowly!
If you had 25 hours in a day, what would you do with the extra hour?
I'd most likely be in the tourism industry, either as a tour operator or guide. I like planning, organizing and bringing people on new experiences, and also putting my languages to use!
Your favourite food haunt is...?
I love a hearty, steaming bowl of beef noodles soup, and the best one I've had in Singapore so far is at Abundance! They have two outlets, one at Redhill and another at Jalan Besar. Both are equally yummy, with melt-in-your-mouth beef cubes, springy thick (or thin, your choice) noodles and a slightly spicy savoury beef broth. I will always swing by if I'm in either area.
Note: Edited for clarity & brevity.
Food Feature
Fancy a great pizza while in the heart of Kuala Lumpur?
Check out Pizza Mansion Jalan Mesui.
It's located near the bustling heart of Bukit Bintang and is known for their pizzas (the restaurant name might've given it away). Decent pizza, rapid service (it tends to be packed so make sure you book in advance!) and a wide variety of toppings available.
And while you're at it, don't forget to give its pastas a try too!
Details: Google Maps, TripAdvisor
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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!