nk, see my Metalclad reference in other threads on how indirect expropriation works.
In sum, all they need to show is cessation of operations, deprivation of investment and no remedy. It doesn't matter what the Thai Government stated basis is of the ordered shutdown for it to amount to expropriation under the FTA.
They'll also score a home run from the beach of Fair and Equitable Treatment (FET). Refer to Bau case for legal precedents on how clear cut the FET is for KCN to prove.
KCN Flowchart, page-18
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