Issue #52: This Is Just The Start
Welcome to the 52nd edition of OIA!
Here are the latest 🌶 headlines in APAC:
Hong Kong: Nomura Holdings Inc.'s former China head loses USD 4 million wrongful dismissal lawsuit
Myanmar: A military court sentences a local journalist to life in prison under counterterrorism law
Singapore: Crypto exchange WazirX seeks moratorium during its restructuring process
South Korea: JYP Entertainment vows to take the 'strongest legal action' against deepfake videos depicting its K-pop artists
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
P/P/S: Scroll to the bottom of this newsletter to find out where you can find the food featured above!
This is the Start
South Korea's Constitutional Court has declared the country's climate change measures constitutionally inadequate, marking a significant milestone in climate litigation in Asia.
🍿 What Happened?
The 4-year-old case, brought by ~250 plaintiffs - one-third of whom were minors including an unborn infant! - challenged the absence of legally binding greenhouse gas emission targets beyond 2030.
On August 29, 2024, the Court unanimously ruled that Article 8, Paragraph 1 of the 'Framework Act on Carbon Neutrality and Green Growth' violates citizens' rights, particularly those of future generations.
The Court ordered the government to create emission reduction plans for the period from 2031-49 and beyond, mandating revisions to the law by February 28, 2026.
👀 Now
As the first high court ruling on a government's climate action in Asia, it sets a precedent that may influence similar cases pending in Taiwan and Japan.
The ruling aligns with a global trend of successful climate litigation, following similar decisions in Germany, Switzerland, India, and Montana. Legal experts anticipate this could trigger a surge in strategic lawsuits against both governments and corporations, potentially reshaping climate policy and corporate environmental practices throughout the APAC region.
It’s MY Sale
Petronas International Corporation, a subsidiary of Malaysian oil and gas giant Petronas, has launched arbitration proceedings against the government of South Sudan.
🍿 What Happened?
The dispute centres on South Sudan's state-owned Nile Petroleum Corporation's (Nilepet) takeover of Petronas's oilfields and assets, valued at approximately USD 1.25 billion. This action effectively repossessed Petronas's three-decade-long investment in the country.
The conflict arose amidst Petronas's attempts to exit South Sudan due to escalating costs from a damaged pipeline, exacerbated by ongoing conflicts in neighbouring Sudan. Petronas had been in negotiations with UK-based Savannah Energy for the sale of its assets when the takeover occurred.
Petronas alleges that South Sudan obstructed the sale of its assets, while South Sudan claims Petronas violated national laws, including failure to conduct environmental audits and pay damages.
👀 Now
This will be an interesting case to observe when it comes to protecting international investments in politically volatile regions.
Samsung’s Class Action Drama
In a significant development for consumer protection in Southeast Asia, Samsung Electronics is facing a class action lawsuit in Thailand over alleged defects in its Galaxy smartphone displays.
🍿 What Happened?
The Thailand Consumers Council (TCC) and 119 individual consumers have filed the lawsuit with Bangkok's Southern Civil Court, alleging that various Samsung Galaxy models have developed mysterious vertical green or pink lines on their screens.
The issue reportedly emerged after a firmware update, affecting devices with OLED displays. Complainants assert that the problem typically manifests around two years into device usage, suggesting a potential long-term flaw in the OLED technology.
Samsung's Thai division has reportedly refused to compensate affected consumers, citing expired warranties. This stance contrasts with the company's policy in India, where it offers free-of-charge screen replacements for OLED defects.
The lawsuit argues that Samsung's failure to address the defect or offer compensation violates consumer rights, especially given that the issue appears unrelated to user negligence.
👀 Hmm
Time to keep an eye on how MNCs might have to handle product defects and consumer complaints in emerging markets in the future!
Spotlight: Lee Mei Xian
What is your current role?
I am a Disputes Associate in Herbert Smith Freehills’ Tokyo office, specialising in international arbitration and dispute resolution. I have experience advising both Japanese and international clients across a wide range of sectors including banking and insurance, energy, construction and infrastructure, and have acted in arbitrations conducted under various arbitral rules, including the AIAC, SIAC and ICC Rules. Prior to joining my current firm, I have also appeared at all tiers of the Malaysian Courts and have litigation experience in broad areas of law pertaining to complex civil and commercial disputes.
What is your proudest achievement?
My proudest achievement is pivoting to international arbitration and moving to our firm’s Tokyo office early in my career. This leap has been challenging and rewarding, and allowed me to grow personally and professionally. Additionally, I have supported stakeholders in facilitating re-sentencing processes in Malaysia following the abolition of the mandatory death penalty. This work is incredibly fulfilling, as it contributes to meaningful legal reforms and the enhancement of human rights in Malaysia.
If you had 25 hours in a day, what would you do with the extra hour?
Cooking has always been a passion of mine, so I’d experiment in the kitchen, whipping up quirky dishes like matcha pancakes or sushi tacos. It's always fun adding some creativity to my day that does not involve the law, and who knows, I may even discover my next signature crowd favourite!
If you weren't a lawyer, what would you be?
I would most probably be a yoga instructor in Ubud, Bali, helping people find balance and peace through mindfulness and movement. The practice of yoga has been a grounding force in my life, and I’d love to share that with others.
Your favourite food haunt is...?
That would have to be Sobamae Yamato, located in Roppongi Hills, Tokyo. Their soba noodles are simply divine – best I have ever tasted. It’s currently my favourite spot to enjoy a delicious meal and soak in the vibrant energy of the city.
Food Reveal
Is there anyone who hasn't heard of this restaurant in Thailand?
Welcome to Gaggan - an immersive restaurant that aims to take guests’ perceptions of fine dining and turn them on their head. It was voted No.1 in Asia’s 50 Best Restaurants a record four times from 2015-2018 and is also in The World's 50 Best Restaurants 2023.
If you're looking to impress clients with a food theatre that features progressive Indian cuisine, then this is definitely one to go for when in Bangkok.
Just make sure you book a seat - preferably a month in advance!
Address: Website, 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!