Gekkko, we should think about setting up a paid subscription for this thread with all the late comers not even able to use Google a relatively simple topic for themselves. Gee wiz image what they'd have been like pre-internet days.
Our lawyers will be all over this issue and recognise who they're now dealing with so during preliminary hearings they'll have developed a strategy for the enforcement procedures that will likely seek the attachment of assets to a potential award before the hearing itself.
Above I posted the relevant clause within TAFTA that makes an award binding with no appeal. Australian Government will be advised of any award for diplomatic reasons and to ensure the +$20B pa trade between our 2 states is not jeoparised . So even the Thai PM attempts to renege, which is very unlikely under a FTA and the relevant international legal conventions, we'll have a recourse to force the issue. The international arbitration panel will also likely to be asked to oversee the payment of the award to ensure there is no undue delay. So in sum, don't get caught up in Walter Bau case scenario playing out again where the German courts confiscated the Prince's private jet to force payment against the Thai Government. This case wasn't heard under a binding FTA so jurisdiction issues were used to frustrate the ultimate payout.
Gekkko anything to add here?
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