Issue #48: Chonky Trains
Welcome to the 48th edition of OIA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Chonky Trains
Hold onto your briefcases, folks!
The Philippine Department of Transportation (“DOTr”) is gearing up for a potential arbitration showdown against Chinese train manufacturer CRRC Dalian.
Thanks to a fleet of overweight trains delivered for the Metro Rail Transit Line-3 (“MRT-3”) system that have been collecting dust since 2017.
🍿 What Happened?
This saga began with a seemingly simple procurement deal in 2014, which soon derailed when the 48 train sets arrived fashionably late and a tad too portly for the MRT-3's liking.
DOTr Secretary Jaime Bautista didn't mince words, stating that using these chubby trains could lead to higher maintenance costs and potential damage to the rail line.
It's like trying to squeeze a sumo wrestler into a pair of skinny jeans – technically possible, but at what cost?
👀 Takeaway
As the clock ticks towards the planned privatization of MRT-3 in 2025, the DOTr is weighing its options. Will they file for arbitration in Singapore, pursue liquidated damages, or perhaps find a creative solution through privatization?
One thing's for sure – this legal rollercoaster is far from over.
All aboard the Litigation Express!
Forced Sterilisation ☹️
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Japan’s had a momentous week, with the Supreme Court striking down its former Eugenic Protection Law as unconstitutional and ordering the government to compensate victims of forced sterilisation.
🍿 What Happened?
The now-defunct law, in force from 1948 to 1996, permitted the forced sterilisation of individuals with disabilities, mental disorders, and other conditions deemed "inferior" from a eugenic perspective.
Approximately 25,000 people were subjected to these procedures without consent. A stark violation of human rights that has long awaited judicial redress!
In its ruling, the Court emphasised that the law "significantly contravenes the spirit of respect for individual dignity and personality," citing a clear violation of Article 13 of Japan's Constitution.
Perhaps most notably, the Court dismantled the 20-year statute of limitations that had previously barred many victims from seeking justice, deeming it "unacceptable" and contrary to principles of fairness.
👀 Takeaway
This decision not only paves the way for compensation beyond the government's initial offer of 3.2 million yen per victim but also sets a precedent for addressing historical injustices.
As Japan grapples with this ruling's implications, one thing is clear: the scales of justice, though often slow-moving, have finally tipped in favour of those long silenced by an outdated and inhumane law.
The question now remains: how will this legal precedent shape Japan's approach to human rights and governmental accountability in the years to come? 🤔
$2 billion banking scandal breakthrough?!
A special anti-money laundering court in India has suspended the non-bailable warrant against Sunil Varma, a central figure in the notorious Punjab National Bank ("PNB") fraud case. Varma, the former international business head of Gitanjali Group, is now expected to return to India and face legal proceedings.
🍿 What Happened?
The PNB scandal, which erupted in 2018, involves an alleged USD 2 billion fraud orchestrated by diamond magnate Mehul Choksi and his associates. The Enforcement Directorate claims Varma played a crucial role in this elaborate scheme, allegedly helping to establish shell companies and facilitate illicit transactions.
This latest court decision follows a similar warrant cancellation in a related Central Bureau of Investigation case. It potentially marks a significant breakthrough in the long-running investigation, which has captivated India's financial sector.
👀 Takeaway
As Varma prepares to appear before the court, one wonders - will Varma's return shed light on the intricate workings of the fraud, or simply add another layer to this complex legal saga?
Spotlight: Brian Law
What is your current role?
I'm currently wearing multiple hats as the co-founder and Managing Partner of LAW Partnership. Since its inception in 2019, it has been an exciting journey of growth and adaptation. Transitioning from a practicing lawyer to a legal entrepreneur has been quite the adventure, especially in the Malaysian market, where the legal industry remains conservative and traditional. We've had to innovate and carve our own path to stand out amidst established competitors.
What is your proudest achievement?
One of my proudest achievements has been establishing this law firm, especially considering it wasn't initially in the cards. The decision to step out of my comfort zone, right before the expected pandemic hit, was a bold move. Witnessing how we not only survived but thrived during such challenging times fills me with immense pride. We started with a team of 8 and expanded even during the pandemic. Ensuring the well-being of our team, maintaining zero COVID cases in the workplace, providing mental health support, winning multiple awards and accolades are accomplishments I hold dear, surpassing any monetary measure.
If you had 25 hours in a day, what would you do with the extra hour?
If I magically gained an extra hour in the day, I'd indulge in my childhood passions and dreams. I'd channel my inner archaeologist or historian, diving into the realms of the past, unearthing fossils, and deciphering the mysteries of ancient civilisations.
If you weren't a lawyer, what would you be?
As tempting as it sounds, I wouldn't find myself digging bones if I weren't a lawyer. Over time, I've come to understand my strengths and passions and realise where my heart lies. I'm a lawyer, yes, but I'm also an entrepreneur with a keen interest in the business world. I've discovered I have a knack for sales — a sort of Midas touch, you could say, and I would like to dedicate my time to pursue business at some point. A successful business giant like Robert Kuok is the kind of person I aspire to become.
Your favourite food haunt is...?
My ultimate food haunt would have to be back in my hometown of Sitiawan, indulging in some delicious “kompiah”! Now, let me share a fascinating legend associated with kompiah.
It's said that during ancient times, Chinese General JiGuang had these buns created as a convenient and portable food option for his soldiers during battles with Japanese pirates. They made a hole in the centre, allowing soldiers to wear them around their necks and eat on the go!
Another version tells the story of a loving mother who tied these buns around her son's neck so he could enjoy them while studying, ensuring he wouldn't have to pause his revision sessions for a meal break!
Food Feature
Fancy some good bak kut teh without having to travel all the way to Klang? Then check out Restaurant Heng Kee Delights Bak Out Teh in Kepong.
It's very popular so try to avoid popular lunch hours. That said upon arrival, make sure you get your number so that you're in the queue for a table and do give (at the very least) the dry bak kut teh a try! It's rich in flavour and definitely hits the spot. 🤩
Address: Google Maps, Facebook
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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!