Bloomberry Resorts and Hotels Inc and Anor v Global Gaming Philippines LLC and Anor - 2021 SGCA 9 - 2021CA-CA 14-2020 - 16 February 2021
Judith Prakash JCA (delivering the judgment of the court):
1. The present appeal arises out of the decision of the High Court judge ("the Judge") in Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another  SGHC 01 ("the Judgment") dismissing the appellants' applications to set aside an arbitral award dated 20 September 2016 ("the Award") and to resist its enforcement. These applications were brought on the basis that the making of the Award was induced or affected by fraud and was thus contrary to the public policy of Singapore. The appellants argued that the arbitration would have proceeded on a wholly different basis and resulted in a materially different outcome if the respondents had not concealed evidence of fraud that was later revealed by investigations carried out in the United States into the activities of an American casino operator, Las Vegas Sands Corp ("LVS").
2. In so contending before the Judge, the appellants relied on what they claimed was evidence of fraud and/or corruption that was not discoverable until months after the Award was issued. This evidence took the form of two documents:
(a) the 17 January 2017 Non-Prosecution Agreement (the "DOJ Agreement") between the US Department of Justice ("DOJ") and LVS, an entity which was not involved in either the arbitration or the present proceedings; and
(b) the 7 April 2016 Order by the US Securities and Exchange Commission ("SEC") instituting cease-and-desist proceedings against LVS (the "SEC Order").
Collectively, we refer to the DOJ Agreement and the SEC Order as the "FCPA Findings" and to the DOJ and the SEC as the "US Authorities". The appellants relied in this appeal on the FCPA Findings largely in the same way as they did before the Judge and have put forward similar arguments as a basis for reversing the Judgment.
98. For the reasons given above, we find no merit in the appellants' submissions and dismiss the appeal. The respondents must have the costs of the appeal. Unless the parties are able to agree on quantum, they shall file written submissions limited to five pages each within ten working days of the issue of this judgment.
Arbitration, Award, Recourse against award, Setting aside, Arbitration, Enforcement, Challenge