Letters Blogatory

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

Posts tagged “Thailand

Case of the Day: Clay v. Hilton

Posted on April 29, 2020

The case of the day is Clay v. Hilton Worldwide Holdings, Inc. (W.D. Wash. 2020). Clay was in Phuket, Thailand, for a business conference. When he was strode on the stage during his presentation, he tripped and fell, suffering a serious injury. He sued the company that owned the hotel and the company that managed it for negligence in a Thai court. The case went to trial, but Clay didn’t attend, because his doctors had not yet cleared him for international travel. The Thai court refused to continue the trial as Clay had asked. Clay presented his evidence in writing only. The defendants did present witnesses, but Clay’s lawyers did not cross-examine them or present any witnesses of their own. The court held that…

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Case of the Day: Schneider v. Kingdom of Thailand

Posted on August 14, 2012

The case of the day is Schneider v. Kingdom of Thailand (2d Cir. 2012). Schneider was the German equivalent of the bankruptcy trustee of Walter Bau AG, a German firm whose predecessor in interest had made an investment in a Thai toll road between 1989 and 1997. Walter Bau initiated an arbitration under the German-Thai BIT, which applied to disputes concerning “approved investments made prior to [the Treaty’s] entry into force .” By agreement of the parties, the arbitration was conducted under the UNCITRAL Rules. Thailand objected to the tribunal’s jurisdiction on the ground that the investment was not an “approved investment” because Walter Bau had not obtained the appropriate certificate from the Thai Ministry of Foreign Affairs. Walter Bau responded that the investment…

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