Thailand Portalen (version 2004)

Oprettet af Boes d. 28/07-2011 07:34

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

Oprettet af Boes d. 29/07-2011 14:18

ET SCANDAL
'New info' in jet seizure case
By The Nation
Published on July 29, 2011

Abhisit says govt has significant information in hand that could resolve disputes with Germany in Kingdom's favour
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Prime Minister Abhisit Vejjajiva is preparing to turn the tables on Germany in the investment conflict and the jet-seizure case - saying Thailand has information that could make Berlin change its tone.

However, Abhisit said he could not reveal the information immediately because it might affect the court proceedings, both in New York and Munich.

The investment conflict between Thailand and Germany began when the Germans demanded that the Thai government compensate construction firm Walter Bau ¤30 million (Bt1.28 billion) in damages after a decision by an international arbitration tribunal in 2009 over the Don Muang Tollway.

Walter Bau also 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 also ruled in favour of Walter Bau, and the Thai government is in the process of appealing against the decision.

The case became controversial when German insolvency officials seized the Boeing 737 used by HRH Crown Prince Maha Vajiralongkorn while it was parked at Munich Airport in southern Germany this month.

The move was aimed at forcing the Thai government to pay the compensation owed to the company. The German court in Munich decided last week to release the plane only after the Thai government paid a ¤20-million deposit, but the government refused.

Abhisit called a meeting yesterday with agencies including the Office of the Attorney-General and the Foreign, Transport and Finance ministries to seek ways to fight the court battles in New York and Munich.

The agencies claim to have new information useful for Thailand in the court proceedings and he expects all information to be made clear next month, Abhisit said.

Asked whether he thought Thailand had a chance to win the case, Abhisit said: "Yes, I think the information is significant for the case.

"As far as I know, the information indicates there [has been] no justice for the Thai government in this case" so far, he said. "If the German government considers this information, I think it should readjust its stance towards Thailand. The case might not be prolonged."

Attorney-General Julasing Wasantsing said briefly after the meeting with the prime minister that "there is a chance, there remains hope in the case".

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.

Oprettet af Boes d. 30/07-2011 07:12

Flere Krumspring

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

Office of the Attorney-General says Walter Bau must approach a Thai court if it wants to pursue compensation
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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 investment conflict has turned into a war of words between Thai and German officials since German insolvency officials seized a Boeing 737 used by HRH Crown Prince Maha Vajiralongkorn while it was parked at Munich Airport in southern Germany this month.

The move was aimed at forcing the Thai government to pay compensation owed to the company. The German regional court of Landshut decided last week that the plane could be released only after the Thai government paid a ¤20-million (Bt850.8 million) deposit, but the government refused.

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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Oprettet af Boes d. 31/07-2011 06:59

#10

Nu skal en udlevering af Thaksin også med i suppen.

Warning to Germany on tollway row

Published: 26/07/2011 at 03:30 PM
Online news: News, Bangkok Post

The Thai government spokesman has warned the German Foreign Ministry to be cautious in demanding that Thailand compensate a German company that invested in the Don Muang Tollway.

Panitan Wattanayagorn, deputy secretary-general to the Thai prime minister and acting government spokeman, said Tuesday that the German Foreign Ministry should get its facts right, to protect bilateral relations.

He was responding to the German Foreign Ministry's statement through the German embassy in Bangkok that the Thai government should pay 36 million euros to Walter Bau Co because an international arbitration process had been finalised with its ruling that the Thai government must pay this amount in compensation for past contractual violations that damaged Don Muang Tollway Co, of which Walter Bau is a now bankrupt shareholder.

Acting government spokeman Panitan Wattanayagorn

Mr Panitan said he had understood that the German Foreign Ministry recognised the separation of the executive and the judiciary, and he was surprised that the German Foreign Ministry that seen fit to comment on the justice system.

Mr Panitan insisted that the legal dispute between the Thai government and Walter Bau was in the process of an appeal and many legal aspects of the case had yet to be considered. He said the Thai Foregn Ministry was about to explain the issue to its German counterpart right away.

Bilateral relations had been good at the levels of their governments and their people, the present issue was sensitive and the German Foreign Ministry had to be careful and ensure it has the correct information, Mr Panitan said.

The acting government spokeman said the Thai government expected good cooperation from the German government in the matter of the application to extradite fugitve former prime minister Thaksin Shinawatra, as it was reported that Germany had granted entry to Thaksin.

Mr Panitan said Thaksin had to face justice in Thailand.

Thaksin has evaded a two-year jail term that the Thai Supreme Court handed down in 2008 for his abuse of authority in facilitating his then-wife's purchase of state-owned land in inner Bangkok in 2003, when Thaksin was prime minister, at a discounted price.
Did you know?

Oprettet af Boes d. 01/08-2011 06:45

#12

BREAKING NEWS

Prince will place bond to release plane

Published: 1/08/2011 at 10:53 AM Bangkok Post
Online news:

His Royal Highness Crown Prince Maha Vajiralongkorn will use his personal funds to secure the release of his 737 aircraft that was impounded at Munich airport on July 12, HRH's secretariat announced on Monday.

The Crown prince hoped the payment of the bond would help end the legal dispute between the Thai government and German construction company Walter Bau AG over revenue sharing from toll fees on the Don Muang Tollway.

The Crown Prince did not wish to be involved in the dispute, and wanted it to be settled quickly and smoothly, said the statement said.

The statement said the Crown Prince wanted to show benevolence to his country, and did not want the dispute to affect the cordial relations between Thailand and Germany.

A Berlin court last month ruled that the Thai government must deposit 20 million euros (846 million baht) as a security bond for the return of the Boeing 737.

Werner Schneider, the insolvency administrator for bankrupt Walter Bau, obtained a court order for the aircraft's seizure in a bid to force settlement of a 30 million euro arbitration claim against the Thai government.

Oprettet af Boes d. 02/08-2011 07:46

#15

Prince to pay for his jet's release
Govt vows to end row with Walter Bau soon

Published: 2/08/2011 at 12:00 AM Bangkok Post
Newspaper section: News

His Royal Highness Crown Prince Maha Vajiralongkorn has promised to pay from his own pocket to secure the release of his private jet impounded in Germany as a result of a commercial dispute between the Thai government and German contractor Walter Bau AG.

Picture:
His Royal Highness Crown Prince Maha Vajiralongkorn, on behalf of His Majesty the King, gives a speech while presiding over the opening of the House of Representatives at the Ananda Samakhom Throne Hall in Bangkok Monday. PHOTO COURTESY OF THE ROYAL HOUSEHOLD BUREAU

A statement released by the Office of HRH the Crown Prince's private secretary said the Crown Prince wanted to ensure that the dispute does not affect bilateral relations between Thailand and Germany and that the dispute comes to an end quickly.

The Crown Prince does not want any involvement in the dispute between Thailand and Walter Bau AG and does not want the issue to tarnish his reputation any further, the statement said.

The statement said the Crown Prince had nothing to do with the dispute between the government and the company, although the repercussions stemming from the dispute had caused him consternation and had affected his ability to attend royal engagements.

According to the statement, the Crown Prince said he respected the German court's ruling on the matter and had confidence in Germany's justice system.

The Crown Prince, who presided over the opening session of parliament yesterday, has had good relations with the German government and the German people while he has carried out his engagements during his stay there. He has received a lot of help from the German government as well, the statement said.

Walter Bau has demanded the government pay 36 million euros (1.55 billion baht) in compensation for allegedly failing to honour a contract agreement to build the Don Muang Tollway.

The German firm was a member of a consortium which built the tollway in the 1980s.

Because of repeated intervention by the government over contractual conditions for the investment, the consortium was not able to run the project profitably.

New members of parliament gather inside the Ananda Samakhom Throne Hall to wait for the opening of the first parliamentary session presided over by His Royal Highness Crown Prince Maha Vajiralongkorn.

The company sought damages and on July 1, 2009 an arbitration tribunal in Geneva ruled that Thailand should compensate Walter Bau for the sum of 36 million euros.

After Thailand refused to pay up, Walter Bau brought the matter before the US District Court in New York on March 26 last year and the court later ruled in favour of Walter Bau.

Concurrently, Walter Bau filed a claim with the German Civil Court seeking enforcement of the arbitration decision and insolvency officials seized the Boeing 737 on July 11.

A court in the city of Landshut on July 20 ruled the jet could be released upon payment of a 20 million euro (846 million baht) deposit, an offer rejected by the Thai government, which maintains the jet is the personal property of the Crown Prince and not the government.

Ampon Kitti-ampon, the cabinet's secretary-general, yesterday said that the cabinet would act on the recommendations of the Crown Prince and would take measures to end the dispute between the government and Walter Bau AG quickly.

Mr Ampon stressed that this was a dispute between the government and Walter Bau AG and that impounding of the jet had offended the Crown Prince.

Mr Ampon said the cabinet had decided that measures would also be taken to protect assets of overseas Thais, who were not involved in the case, from being impounded.

The case has not been finalised and any further efforts to impound the government's assets could lead to further mistakes, Mr Ampon said.

He said that Prime Minister Abhisit Vejjajiva planned to meet with the Crown Prince to provide information on the situation.

Mr Ampon said Prime Minister Abhisit Vejjajiva yesterday called on Attorney-General Chulasingh Vasantasingh to explain to the cabinet details of the case.

Mr Chulasingh related the costs of litigation and what the Foreign Ministry had paid out in legal fees.

Mr Ampon said Mr Chulasingh also proposed several ways to end the case quickly, including placing a letter of guarantee as collateral.

Mr Ampon dismissed suggestions that the Thai embassy in Germany would also be impounded as a result of the dispute.

He said that would not be the case because the embassy enjoyed diplomatic immunity.
Did you know?

se

Oprettet af Boes d. 03/08-2011 07:48

#17

Det virker som at den ene hånd ikke ved hvad den anden gør. Symptomatisk for landet og indbyggerne.
Igår udtalte en regeringstalmand at regeringen skulle betale depositum...

SEIZED PLANE
Walter Bau fight still on, says Abhisit

Published: 3/08/2011 at 12:00 AM
Newspaper section: News

The government has vowed to continue fighting the commercial dispute with Walter Bau AG to save His Royal Highness Crown Prince Maha Vajiralongkorn the trouble of paying the surety for the release of his private jet impounded in Germany.

Outgoing Prime Minister Abhisit Vejjajiva made the statement yesterday after an audience with the Crown Prince.

He said the Crown Prince had not yet made any payment to secure the release of his private jet because the government had asked to press ahead with the case.

"The government will try to resolve the problem in a manner that will not cause the Crown Prince any trouble," Mr Abhisit said.

He said the government will ensure the dispute does not hurt bilateral ties between the two countries and does not affect the royal institution, according to the wishes of the Crown Prince.

Mr Abhisit said a Thai legal team will travel to Berlin today and will try to ensure the dispute is resolved this month.

He stressed that the government will not pay the surety for the release of the jet and at the same time will take steps to prevent any adverse repercussions stemming from the issue.

A highly-placed source at Government House said the government has decided to further pursue the matter because it wanted to save the Crown Prince the trouble of paying for the return of his jet.

A statement released by the Office of HRH the Crown Prince's private secretary said the Crown Prince wanted to ensure the dispute does not affect bilateral relations between Thailand and Germany and that the dispute is resolved quickly.

The Crown Prince has offered to pay from his own pocket to secure the release of his private jet impounded in Germany as a result of a commercial dispute between the Thai government and German contractor Walter Bau.

A German court ruled on July 20 that the jet could be released upon payment of a 20 million euro (846 million baht) deposit. The Thai government rejected this deal, maintaining the jet is not its property but that of the Crown Prince.
Did you know?

Oprettet af Boes d. 05/08-2011 08:08

#18

Berlin should do what it can to make Thailand pay'
By THE NATION
Published on August 5, 2011

German media published reports yesterday suggesting that Berlin had to do everything in its power, including freezing foreign assets, to make the Thai government pay compensation to the Walter Bau construction firm over the conflict related to the Don Muang Tollway project.

Spiegel Online reported that the Thai government was thinking about issuing a guarantee to pay the ค30 million (Bt1.27 billion) demanded by the administrator of the now-insolvent German firm Walter Bau, which suffered huge losses because of an alleged breach of contract by the Thai government.

The administrator, Werner Schneider, obtained a court order last month to sequester the Boeing 737 flown by HRH Crown Prince Maha Vajiralongkorn while it was parked at Munich Airport. The case has led to intense diplomatic wrangling and could upset ties between the two countries.

The Thai government initially argued that the jet should be released because it was the Prince's personal property and did not belong to the state. A German court is due to rule in September whether the impounding of the plane was lawful. If it decides that the jet is indeed the Prince's private property, then it will be released.

In the meantime, the courts have set a ค20-million guarantee for its release, but so far the Thai government has refused to pay. The government has also declined an offer by the Crown Prince to use his personal assets to settle the case, promising to use its own methods to settle the case quickly.

The Thai government has been at loggerheads with the German construction firm over the payment of ค30 million in damages after an international arbitration tribunal in 2009 ruled in favour of the contractor.

Walter Bau took its case to the US District Court in New York on March 26 last year, seeking the payment under the New York Convention. The New York court also backed Walter Bau, but the Thai government appealed against the decision last Thursday on July 28. The company has also asked a court in Berlin to enforce the arbitration findings. The court is now considering the case.

Officials from the Thai Office of the Attorney-General are in Germany trying to seek solutions. The German government may end up having to get involved, and may even have to pay the compensation to Walter Bau, according to Spiegel Online.

A recent report by an expert on insolvency law, Professor Christoph Paulus of Berlin's Humboldt University, concluded that the German government should be doing everything in its power to make Thailand pay its debt to the insolvent construction firm. That includes "curtailing trade relations" or the "freezing foreign assets". If the government takes no action, "a compensation claim is feasible", Paulus wrote.

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