Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Laos

Case of the Day: Thai-Lao Lignite v. Laos

Posted on July 19, 2012

The case of the day is Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic (2d Cir. 2012). We first saw the case in my post of August 25, 2011. I have also reported on two related cases under 28 U.S.C. § 1782, one a request for judicial assistance to obtain discovery from Laos itself, the other a request for judicial assistance to obtain discovery from Électricité de France International in order to uncover Laotian assets from which the judgment against Laos could be satisfied. In the prior post, I described the facts as follows: Lignite is a low-quality coal used for generating electricity. The Hongsa region of Laos, near the Thai border, has it, and in the early 1990s, Thailand…

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Case of the Day: Thai-Lao Lignite v. Laos

Posted on April 5, 2012

The case of the day is Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic (S.D.N.Y. 2012). We have reported on this dispute twice before. In the first post, the judge confirmed an arbitral award in favor of Thai-Lao against Laos. In the second, the judge granted judicial assistance to Thai-Lao, which had brought an exequatur proceeding in Paris to confirm the award, seeking information from a third party about Laos’s assets in France. In today’s case of the day, the Thai-Lao sought judicial assistance to obtain evidence for use in the same French proceeding. This time, though, Thai-Lao sought to obtain evidence from Laos itself. The judge correctly (in my view) dismissed the case on the grounds that Laos, a…

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Case of the Day: Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic

Posted on August 25, 2011

Lignite is a low-quality coal used for generating electricity. The Hongsa region of Laos, near the Thai border, has it, and in the early 1990s, Thailand needed to import electricity. And so a joint venture was born. Thai-Lao Lignite, a Thai company, entered into a Project Development Agreement with the Lao government giving it exclusive exploration and mining rights in the region. The idea was that Thai-Lao Lignite would build a Lignite-fired power plant on the Lao side of the border, and Laos would sell the electricity to Thailand. The PDA called for Thai-Lao Lignite to organize another entity, Thai-Lao Power Co., under Lao law, and to assign its rights and obligations under the PDA to the Lao company. Thai-Lao Lignite never made the…

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