Boes skrev:
Thailanske regering har haft 16 måneder på sig til at appelere dommen i NY . Imponerende at de skal appelere netop imorgen !!!

TOLLWAY WRANGLE
Abhisit warns German govt to back off

Published: 28/07/2011 at 12:00 AM
Newspaper section: News

The German government has no right to pressure Thailand to pay compensation in its dispute with a German contractor, says outgoing Prime Minister Abhisit Vejjajiva.

The German embassy has demanded on its website that the Thai government compensate Walter Bau Co for alleged contractual violations to Don Muang Tollway Co in which Walter Bau was a shareholder.

Mr Abhisit said yesterday it was inappropriate for the German government to make such a demand when the legal dispute had not yet been settled.

The German government should refrain from commenting on the case, he said. The Foreign Ministry has written to the embassy, complaining about it posting the demand.
Mr Abhisit said that once the legal dispute was decided by the court, the Thai government would live up to its responsibility.

He said the German government had based its demand for Thailand to pay 36 million euro in compensation (1.55 billion baht) to Walter Bau based on an international arbitration panel's decision in Geneva, while the Thai government was in the process of appealing an order by the US District Court in New York that Thailand should pay up.

The court ruled in favour of Walter Bau in March 2010 and the government would appeal against the decision tomorrow.

"The government is in the process of a legal battle, especially against Walter Bau's exercise of its rights," Mr Abhisit said. "They might be referring to the arbitration but we are talking about the compensation lawsuit in New York."

Walter Bau filed a claim with the German Civil Court seeking enforcement of the arbitration ruling. The court ordered the seizure of HRH Crown Prince Maha Vajiralongkorn's plane at Munich airport earlier this month to force the government to pay.


Bangkok post idag

Boes skrev:

"The Foreign Ministry yesterday summoned Stefan Duppel, charge d'affaires at the German Embassy, to take diplomatic note of the Thai government's position and explained the case from a Thai point of view.

The ministry expressed its disappointment on the German action in issuing a statement demanding that the Thai government pay the compensation to Walter Bau."

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Det er ikke en kontrovers mellem 2 regeringer. Konflikten er mellem et tysk firma som har udført arbejde for den Thailandske stat.
Mr Abhisit har trods sin opvækst og uddannelse i England ikke rigtigt forstået demokratiets grundregler som bl.a. bygger på at vi har en lovgivende, en dømmende og en udøvende magt og at disse ikke blandes sammen som han gør.

Boes skrev:
Flere Krumspring

'Bring case to Thailand'
By The Nation
Published on July 30, 2011



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.


The OAG will file a lawsuit against Germany for unfair seizure of the plane, Julasing said, but declined to disclose whom he would sue, on what grounds, when or where. "If they are still bothering us, we have to do something to pay them back," he said.

On July 1, 2009, an international arbitration panel in Geneva made a final judgement in favour of Walter Bau. The Thai government was ordered to pay ¤36 million in damages to the company for breaching obligations set out in the tollway contract. The decision was final.

Walter Bau brought the matter before the US District Court in New York on March 26 last year, seeking enforcement of the award in the United States. That court ruled in favour of Walter Bau, but the Thai government appealed on July 28 last year against the decision.

The company also brought the case to a German court in Berlin asking for enforcement of the arbitration tribunal's decision. The case is now under consideration, Julasing said, adding that he would bring a key witness to the trial to prove that the international tribunal mishandled the case.

Thailand had a witness who was very familiar with the investment contract from the beginning, but the international arbitration tribunal refused to take this witness into account and made an unfair judgement against the Thai government, Julasing said.

"If the German court in Berlin learned about this key witness, I believe the court would agree with Thailand that the tribunal made the wrong decision on the case," he said. "Therefore enforcement to compensate the company would be impossible." The Berlin court has asked both sides to submit documents and evidence for its consideration by August 16, he said.

The OAG also filed a case at the Thai Administrative Court asking it to terminate the international arbitration tribunal's decision.

The Primary Administration Court forwarded the case to the Supreme Administrative Court for consideration, he said.
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