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The appeals court did not rule that Baldwin or Bridge Capital owes Laos the money. Instead, it said the lower court must hear Laos’ argument that they should be responsible for awards made against the companies they allegedly controlled.
That sends the sprawling Savan Vegas dispute back to court once again, 14 years after it began.
Laos attorney David Branson told Law360 the government has been trying to collect the awards for more than seven years and said the latest ruling had cleared a “path to recovery.”
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“Some of them [investors] that were looking at Japan were looking at a big IR licence or nothing. With Tokyo and Yokohama being out of the mix, maybe some weren’t as interested anymore and decided to sit back, and wait and see how regulation and licensing shake out.”
One concern for operators is “the short duration of licences and renewal of licences”, notes Leckert. For operators, the casino business licence is renewable every three years, while the IR development-plan authorisation runs for 10 years, in contrast to the 18-year IR licence term in the Philippines, for instance.
Limiting the duration of licence validity “puts the entire capital investment at risk”, says Klebanow. Further regulations, including limiting residents to 10 visits per month and requiring them to present a ‘My Number Card’ when gambling, further erodes project viability. “Ultimately, casino developers individually concluded that developing an IR was too risky, and they took their billions of dollars in potential capital investment and walked away,” observes Klebanow.
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This particular lawsuit involving Fox Financial, one of a growing list IPI is battling, centers on an arrangement the company made with a third party, Forson Holdings. That entity had leased property from Fox in 2016, but fell behind. IPI had signed as a guarantor of that lease agreement and, as such, was responsible for covering Forson in the event payments weren’t made. However, it decided it didn’t need to follow the terms of the contract.
It seems like not a day goes by without IPI coming under fire for something else. The company’s chairwoman, Cui Li Jie, has already found herself in trouble and was previously held in contempt of court, but now has another black mark beside her name. She has been found in contempt again, this time for allegedly perjuring herself in court. A lawyer representing employees suing IPI and Cui produced evidence proving she had lied under oath, and Chief Judge Ramona V. Manglona has now agreed. She issued her ruling this morning, with Cui only able to respond, through an interpreter, “I don’t know anything, I don’t understand English.”
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