IIAPP - Walter Bau v Thailand

Walter Bau v Thailand

Year of Claim: 2005

Basis for Claim: Germany-Thailand BIT

Respondent State: Thailand

Claimants

Name of Claimant 1: Walter Bau Ag (In Liquidation)

Primary Nationality of Claimant: Germany

Outcome

Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately EUR 29 million (plus interest) against respondent state. Tribunal required respondent state to pay EUR 1.8 million toward arbitration and legal costs of claimant.

Policy Areas: transportation (highways), public contracting (highway construction), privatization (operation of toll highway)

Rules Used: UNCITRAL

Arbitrators

Barker, Ian, Lalonde, Marc, Bunnag, Jayavadh

Arbitrator Footnotes

Bunnag replaced Valaisathien after establishment of original tribunal but before award on jurisdiction.

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Policy Area

Treaty

Case Name

Respondent State

Arbitrator