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ARTICLE · 02 OCTOBER 2019

Arbitration gamble does not pay off for Donaco

Article provides an update with on the Donaco proceedings which continue to suffer lengthy delays.

SingaporeLitigation, Mediation & Arbitration

Last year, we wrote about the NSW Supreme Court freezing order granted to preserve 148 million shares in ASX-listed Donaco International Limited, pending the outcome of arbitration in Singapore. The arbitration concerned Donaco's purchase of the Star Vegas, a Cambodian casino. Donaco alleges that the Thai vendors breached a non-compete clause in the sale agreement by continuing to operate a neighbouring casino, as well as a secret casino hidden behind a supermarket façade. The vendors are counterclaiming for damages.

Donaco goes all in

By way of update, Donaco has recently increased its claim to US$240 million but the proceedings continue to suffer lengthy delays. Although the average duration of a sole arbitrator claim in Singapore is 11-12 months from filing to final award, in this case, at the time of writing, more than 18 months have passed since Donaco filed the claim. As there is reportedly a further four-month delay for reasons unknown (due to the

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