Issue #65: Triple the Pay
Welcome to the latest edition of OiA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
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What happens when your case gets transferred?
🍿 What Happened?
The dispute concerns W Power Group EOOD (“W Power“), a renewable energy company, against Mingyang Wind Power (International) Co. Ltd. ) (“Mingyang”) over alleged contractual breaches related to wind power plant projects in Bulgaria.
The case began in the Singapore High Court in 2022 before transferring to the Singapore International Commercial Court (“SICC”) in 2023 due to its international nature. W Power’s case was consequently struck out, resulting in a dispute over costs incurred during the litigation process.
👀 Ruling
The SICC ordered W Power to pay most of Mingyang's claimed legal costs following the dismissal of W Power's claim.
For the pre-transfer period, the court used Singapore's Appendix G guidelines as a starting point, awarding $21,000 instead of the $54,285 claimed. The court justified a 50% uplift from the maximum guideline amount due to the substantial claim value, the ten-year gap between events and litigation, the need to investigate Bulgarian wind power regulations, and four case management hearings.
Post-transfer, the SICC applied its own rules focused on "costs sensibly and reasonably incurred." The court awarded $121,910 for Mingyang's successful strike-out application but reduced other post-transfer costs to $37,000 (from $48,060). Foreign counsel fees were partially allowed, with the court recognising the necessity of Bulgarian legal expertise but reducing Hong Kong counsel fees.
Sounds reasonable?
Apple Says NO!
NO, you may not access Apple’s sensitive business data!
🍿 What Happened?
In August 2022, Match Group (which owns Tinder) accused Apple of "monopolistic conduct" through its 30% commission on in-app purchases. Match complained that Apple allowed ride-hailing apps like Uber to use alternative payment systems but denied this option to dating apps.
In July 2024, the Competition Commission of India (CCI) investigators found that Apple had "exploited its dominant position" on iOS, disadvantaging developers, users, and payment processors. Apple denied wrongdoing, noting its small market share in India's Android-dominated smartphone market.
👀 Hmm
In August 2024, CCI announced a recall of its investigation reports into Apple, stating that confidential information ought to first be redacted to ensure that no unauthorised disclosure occurred.
CCI senior members are expected to issue a final ruling soon. If found guilty, Apple could face fines or be forced to change its business practices in one of the world's largest mobile markets.
x3 the Pay
LS Cable & System (“LS Cable”) has secured a major legal victory against rival Taihan Cable & Solution (“Taihan“), with the Patent Court nearly tripling damages in their long-running technology dispute.
🍿 What Happened?
The case centres on LS Cable's 2007 patent for "joint kit for bus ducts" technology – components that transmit electrical energy through buildings.
LS Cable filed the lawsuit in 2019, claiming Taihan began producing similar products after hiring an employee from LS Cable's subcontractor in 2011.
The Seoul Central District Court's first ruling acknowledged the infringement but awarded only 12% of the 4 billion won in damages claimed by LS Cable.
👀 Ruling
Now, the court has ordered Taihan to pay over 1.5 billion won ($1.1 million) to LS Cable, substantially increasing the 496.23 million won awarded in the initial 2022 judgment.
LS Cable welcomed the new ruling as a recognition of its "technological capabilities and rights," while Taihan maintained the patent lacks novelty and is merely a modification of existing technologies. Taihan will decide whether to appeal after reviewing the judgment.
The dispute is part of a broader conflict between these industry leaders, with police also investigating allegations that Taihan obtained leaked undersea cable technology from LS Cable.
Adding complexity to the situation, Taihan's parent company recently acquired 3% equity in LS Cable's parent company – a move analysts view as strategic leverage in the ongoing disputes.
Spotlight: Rachel Turner
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