The Office of the Attorney-General (OAG) yesterday challenged the German construction firm Walter Bau to bring the investment conflict case over Don Muang Tollway to a Thai court to enforce the compensation awarded by an international arbitration tribunal.
“If they really want compensation, they should bring the case to a Thai court. There is so much Thai government property here,” said Attorney-General Julasing Wasantasing.
“The arbitration tribunal awarded the company two years ago, why haven’t they brought the case to a Thai court for enforcement? Why ask the German court to enforce the case and seize the royal plane?” he asked.
BP: Actually, if they want to receive compensation, they will not seek to enforce the arbitration award in Thailand. As in previous attempts by foreign companies to confirm an arbitration award in the Thai court system has failed, usually because the person on the Thai government side who signed the contract was found to lack the power to sign or the Cabinet did approve the contract – see blog post here.
Won’t it be more difficult for the insolvency administrator of Walter Bau to bring the case in Thailand given Kasit has declared him persona non grata so he cannot enter Thailand? Of course, he can contact the lawyers by phone and e-mail, but Thailand has banned him from entering the country so this places a significant restriction on Walter Bau in bringing the case.*
*Indeed, BP wonders if WB lawyers would raise the issue of the insolvency administrator of WB being declared persona non grata in their argument on appeal given Thailand raised the issue of the US is a forum non conveniens (i.e there is a more appropriate jurisdiction/country than the US to bring the case so the court should refuse jurisdiction) because this placing of a restriction on the administrator in entering Thailand restricts WB’s ability to bring the case to Thailand….
h/t to Saksith