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Genting Theme Park refurbishment (FOX studio theme park)


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https://deadline.com/2019/01/fox-maylaysia-theme-park-countersuit-genting-malaysia-berhad-1202540459/

 

20th Century Fox has filed a countersuit in its ongoing legal battle with Genting Malaysia Berhad over a planned Fox World theme park on the outskirts of Kuala Lumpur. The move comes after the developer sued Fox and Disney in November accusing the soon-to-be-merged companies of “improperly” pulling the plug on a “first-class, world-class” park that would have been Fox’s first.

 

After the original filing, a Fox spokesperson called the suit “entirely without merit,” saying Genting has been the one failing to meet agreed-upon deadlines for years. The counterclaim (read it here) filed Tuesday in U.S. District Court in California drilled down on those notions.

 

The deal in question centered on a 2013 licencing pact that gave Genting rights to certain Fox intellectual property—including Planet of the Apes, Independence Day, Ice Age, Alien and Predator—for use in the park to be located at Resorts World Genting casino resort in Genting Highlands, Malaysia.

 

Genting’s original suit claimed it was kneecapped after doing everything asked of it by Fox, but that Fox killed the deal by demanding the park open in “an impossible-to-meet deadline of 30 days.” Fox says in Tuesday’s filing — citing breach of contract, breach of the covenant of good faith and fair deadline, and a demand for a jury trial — detailed numerous instances where Genting did not adhere to its obligations.

 

“Genting’s failure to ‘soft open’ the Park by June 2018 gave Fox the right to terminate the agreement without regard to whether Genting was at fault,” it read.

 

“The fault for these failures lies with Genting, and Genting alone,” it adds, detailing the progress of the parks’ development in its 35-page filing. “Genting’s failures to adhere to its obligations and deliver on the agreed-upon schedule resulted from a mixture of Genting’s incompetence, inexperience, and rank indifference to its contractual obligations.”

 

Genting’s lawyer, Kasowitz Benson Torres partner John V. Berlinski, responded to the counterclaim later Wednesday, saying “incompetence” and “inexperience” go both ways.

 

“Fox’s attempt to blame Genting is only to be expected and is designed to divert attention away from its own incompetence and inexperience,” he said in a statement. “Just two months before termination, Fox was more than willing to open Fox World, but only if Genting paid them well in excess of the amounts the parties originally agreed upon. Genting has a proven track record in delivering high quality world-class theme parks and will prove that Fox’s termination was both unfounded and improperly directed by Disney and Fox’s parent company, Twenty First Century Fox.”

 

The new suit, officially filed by Twentieth Century Fox Film Corporation, Fox Entertainment Group, LLC and FoxNext, seeks monetary damages at least including $9 million in license fees, $37.2 million in guarantee amounts/royalties, and $196.2 million in travel reimbursements “entitled to under the terms of the [original Memorandum of Agreement], plus interest, as well as consequential damages.”

 

Disney was part of the original lawsuit as it is nearing completion of its 71.3 billion deal to acquire much of 21st Century Fox’s film and television business.

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Maybe they had to pay the people a LOT of money to put up with Genting Fire Death Trap Highlands? Seriously, I've never been so scared or felt unsafe than at that property and I've spent several weeks all over China and India!!!

 

I really wanted this to work though, as I felt that putting the Fox name on the property would force it to come up in quality and standards, but this just sounds like a bigger mess now than it already was.

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Given that I have been in Asia a number of years, I can see it from the the perspective of Fox. I do not know of much over here that opens on time or ahead of schedule. Let's face it, this park is built upon the site of another park and has been under construction for five years or so, which is more than enough time to have been finished and opened. I am sure that Fox would have liked to have opened the place and started making money and I am sure that the Malays who are building the park probably are in no hurry to finish the job and see the paychecks stop coming in.

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I do wonder though if this park will still open, just without the IPs. Desert Race, Polar Coaster, ect, haha. I feel like it could still open one day!

 

What I think is most interesting is that Fox didn't ask for an injunction against the park opening, so I suspect it will be opening, perhaps even with the IP's. Fox would have asked for an injunction otherwise pending the outcome of the litigation if they wanted to make sure the park didn't open with their IP's.

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  • 5 months later...

In a surprise turn of events, a settlement has been reached between Gentign Malaysia Berhad and 21st Century Fox/The Walt Disney Company... The park will retain the rights to some Fox intellectual property but cannot use the Fox name in the branding of the park that was formerly set to be known as Fox World.

 

https://www.hollywoodreporter.com/thr-esq/disney-fox-settle-billion-dollar-dispute-malaysian-theme-park-1226936

 

The Kuala Lumpur attraction will get to use Fox IP but will no longer be called "Fox World." Genting Malaysia Berhad will move forward with developing a theme park just outside Kuala Lumpur after coming to a settlement agreement with 21st Century Fox and The Walt Disney Company.

 

The "Fox World" theme park was the subject of dueling claims in a billion-dollar dispute.

 

GENM alleged in a lawsuit filed last November that it had spent $750 million on the attraction only to have Fox walk away from the deal with "seller's remorse." As its story was told, the deal provided Fox with an annual license fee and a cut of retail sales, but Fox became less than supportive along the way. GENM attributed this to Fox's attempt in renegotiating the agreement for better economic terms as well as Disney, Fox's then soon-to-be owner, being disinterested in a theme park with close association or proximity to casinos.

 

Fox struck back with counterclaims, expressing displeasure with how GENM allegedly demonstrated "little thought" to the "integrity of Fox's intellectual property," saying termination of the agreement could be justified.

 

No matter.

 

According to a filing on Thursday by GENM with a local regulatory authority, a settlement has been struck whereby the developer gets continued license to use Fox intellectual property. GENM reports the development and construction of the theme park is being updated to include both Fox and non-Fox IP.

 

However, it will no longer be called "Fox World."

 

Both the claims and counterclaims will be dismissed by mutual consent. GENM was represented by Kasowitz Benson partner John Berlinski, while the defendants were handled by attorneys at Gibson Dunn and at Williams & Connolly.

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