Success for Gopal Subramanium in Singapore’s Court of Appeal

BBA & 14 Ors. V BAZ cited as [2020] SGCA 53

On Thursday 28 May, the Singapore Supreme Court (Court of Appeal) dismissed an appeal against the judgment of the High Court of Singapore, refusing to set aside the US$ 550 million arbitral award in favour of Japanese pharmaceutical maker, Daiichi Sankyo, represented by Gopal Subramanium.

It was previously held that the Sellers (Ranbaxy – Malvinder Mohan Singh and Shivinder Mohan Singh) were jointly liable to pay damages for the harm suffered by the Buyer (Daiichi) as a result of the fraudulent concealment of a Self-Assessment Report.

The order was subsequently challenged by the Sellers before the Indian Supreme Court and simultaneously before the High Court of Singapore, which in its verdict upheld the award in favour of the Buyer.

The same order was upheld by the country’s Supreme Court where Mr Subramanium was the first Indian Senior Counsel to have appeared before the Singapore Supreme Court (Court of Appeal).