‘No huge compensation’ over gold mine closure

[snoop1130]

‘No huge compensation’ over gold mine closure

By The Nation

 

Deputy Prime Minister Wissanu Krea-ngam

 

Deputy Prime Minister Wissanu Krea-ngam has dismissed concerns that the Thai government will have to pay a huge amount in compensation to a private firm over the decision to close down its gold mine.

 

The mine, which was closed on January 1, was operated by Akara Resources.

 

“The firm has to date not submitted any demand for compensation,” Wissanu said on Monday. 

 

He added that the arbitration process had not yet been officially triggered.

 

Wissanu also pointed out that even if a demand for compensation or arbitration might later emerge, both sides could still negotiate. 

 

Furthermore, he said Akara Resources’ licence had still not been revoked. 

 

“It’s just that we have resolved not to renew its licence yet. This means the firm may have to fulfil some requirements before the renewal can take place,” he said. 

 

Source: http://www.nationmultimedia.com/detail/national/30332087

 

-- © Copyright The Nation 2017-11-20

[Sid Celery]

Invoked full face-saving mode.

 

Of course, everyone believes him.

[MadMuhammad]

Yep god try mate. It won’t be up to you or anyone in the Thai government to decide on the amount of compensation.

Edited November 20, 2017 by MadMuhammad

[wakeupplease]

Did this man ever get an education other than in the world of bullS>>>

[watcharacters]

 

 

 

 

 

 

Any lawsuit against a government entity  is a major risk and usually an exercise in futility.

[Sid Celery]

3 minutes ago, wakeupplease said:

Did this man ever get an education other than in the world of bullS>>>

No sign of one in this farce.

[Briggsy]

26 minutes ago, snoop1130 said:

“The firm has to date not submitted any demand for compensation,” Wissanu said on Monday. 

From Kingsgate's own website.

"On 2 November 2017, the Company announced that it would commence international arbitration proceedings against the Kingdom of Thailand (“Thailand” or the “State”) under the Australia Thailand Free Trade Agreement (“TAFTA”) to recover substantial losses resulting from the unlawful expropriation of the Chatree Gold Mine in 2016, and other unlawful measures taken against the Company’s covered investments in Thailand (the “TAFTA Claim”).

Both sets of proceedings have now been commenced."

 

Refuted

 

27 minutes ago, snoop1130 said:

Wissanu also pointed out that even if a demand for compensation or arbitration might later emerge, both sides could still negotiate. 

Why would Kingsgate negotiate when they will win at TAFTA. Typical vague khui dai comment

Irrelevant

 

29 minutes ago, snoop1130 said:

Furthermore, he said Akara Resources’ licence had still not been revoked

Suspension or revoking of licence. There is little difference. Huge damages accrue whatever.

Irrelevant

 

[Eric Loh]

Kingsgate executive did hinted that they would have earned 30B Baht if the mine continue to operate. Then there are the compensation of wages and interests for the 1,000 workers who have to stop work. Looks like a big compensation and must have rattled Wissanu to try dismiss the compensation amount. It will hit the economy and image pretty hard if the junta government lose the case. Lucky for Prayut to grant himself immunity from any malfeasance charges. Others are just not that lucky or have that power.

[coulson]

48 minutes ago, snoop1130 said:

Wissanu also pointed out that even if a demand for compensation or arbitration might later emerge, both sides could still negotiate

I hope this guy isn't on the negotiating table when the China Thai high speed rail goes t1t5 up

[NanLaew]

Hey! Lighten up willya? Wissanu Krea-ngam used to be one of Thaksin's DPM's. He's one of the good guys!

 

59 minutes ago, snoop1130 said:

Furthermore, he said Akara Resources’ licence had still not been revoked. 

 

“It’s just that we have resolved not to renew its licence yet. This means the firm may have to fulfil some requirements before the renewal can take place,” he said. 

In other words, waiting for the cake box business as usual.

[Bluespunk]

2 hours ago, snoop1130 said:

Deputy Prime Minister Wissanu Krea-ngam has dismissed concerns that the Thai government will have to pay a huge amount in compensation to a private firm over the decision to close down its gold mine.

Not your decision. 

[janclaes47]

Let's try this.

 

Deputy Prime Minister Wissanu Krea-ngam has dismissed concerns that the Thai government will have to pay a huge amount in compensation to a private firm over the decision to close down its gold mine.

[meinphuket]

Life in cloud cuckoo land.....

[Srikcir]

15 hours ago, watcharacters said:

 

 

 

 

 

 

Any lawsuit against a government entity  is a major risk and usually an exercise in futility.

Any lawsuit against a government entity would be pure fantasy.

Under the Free Trade Agreement neither Kingsgate nor The Kingdom of Thailand can be sued in court. Their grievances can only be settled in binding arbitration. Such process lowers the risk for foreign investment in developing countries that might have questionable judicial processes. Conversely, such process attracts large foreign investors to developing countries without a country having to self finance (ie., borrow) for resource development.

[Watchful]

By so cavalierly dismissing that Thailand has to pay any compensation has set the wheels in motion for Thailand to pay ... dearly.

 

Not in compensation, but in driving away any investment in Thailand by private companies.  Think about; what board of directors would approve building a factory in a country that cares so little about damages the country may inflict upon them?

 

 

[Grumpy Duck]

2 hours ago, Watchful said:

By so cavalierly dismissing that Thailand has to pay any compensation has set the wheels in motion for Thailand to pay ... dearly.

 

Not in compensation, but in driving away any investment in Thailand by private companies.  Think about; what board of directors would approve building a factory in a country that cares so little about damages the country may inflict upon them?

 

 

Perhaps the juntas recent activities to foster relations with Communist China will offset losses with Australia? Coming soon Australian products being charged duties as high as American products...

[greenchair]

3 hours ago, Srikcir said:

Any lawsuit against a government entity would be pure fantasy.

Under the Free Trade Agreement neither Kingsgate nor The Kingdom of Thailand can be sued in court. Their grievances can only be settled in binding arbitration. Such process lowers the risk for foreign investment in developing countries that might have questionable judicial processes. Conversely, such process attracts large foreign investors to developing countries without a country having to self finance (ie., borrow) for resource development.

What is the difference between sueing in court and binding arbitration? 

[Sid Celery]

1 hour ago, Grumpy Duck said:

Perhaps the juntas recent activities to foster relations with Communist China will offset losses with Australia? Coming soon Australian products being charged duties as high as American products...

I too get the distinct impression that the net result of cosying up to China will end up with Thailand being right royally screwed over.

 

The biter will likely be bit. No sympathy from me.

Edited November 21, 2017 by Sid Celery

[Sid Celery]

38 minutes ago, greenchair said:

What is the difference between sueing in court and binding arbitration? 

As I understand it, one happens in court under the law of the local country (which, in Thailand, is usually tilted in favour of the elites, whatever the matter), and the other is an international forum, which Thailand will have to abide by if it wishes not to see departing investment and no incoming investment. The case of the airplane of disputed ownership, over which Thailand earned a justified and very embarrassing black eye a few years back was (as I recall) the result of a lawsuit lodged in Germany. Might be wrong but that's what I recall.

[connda]

So, who is going to bat for those who have been adversely affected by the pollution produced by the mine.  Ok. This is really a third-world country and those things shouldn't matter.  But they really do.  So instead of the Thai government being worried, why aren't the gold mine's operators and owners?  

[Srikcir]

2 hours ago, greenchair said:

What is the difference between sueing in court and binding arbitration? 

Suing in Thai court: Thailand sovereignty applies - Subjected to an imperfect if not arbitrary judicial system; outdated and new Thai laws; junta influence through absolute power; local influence; subjected to national discrimination; appealable to Supreme Court and subjected to the same pressures on lower courts; difficulty of foreign defendant to enforce awarded compensation.

 

Binding Arbitration: Thailand sovereignty does not apply - Decision made by three arbitrators; ruling not appealable; decision is fact-based; default decision to defendant in lack of evidence from plaintiff; enforced award compensation through international seizures of Thailand state assets.

[Dave67]

 
“The firm has to date not submitted any demand for compensation,” Wissanu said on Monday. 
 
He added that the arbitration process had not yet been officially triggered.

 

What do they think arbitration is?

[Grumpy Duck]

3 hours ago, greenchair said:

What is the difference between sueing in court and binding arbitration? 

A lawsuit is in a courtroom in front of judges, legal experts who have usually been elected. 

arbitration is in front of a panel of others, usually favoring one party. 

Many medical providers in the US require arbitration instead of lawsuits in the small print of their terms of service. The arbitration committee is most always selected by the providers. 

In otherwords arbitration is seldom just. 

 

[bangrak]

Rather counter-sue the mining companies for huge compensation to (alas, partly) alleviate the damages, to people and nature, they have caused during the years they abused of their licenses.

[Srikcir]

7 minutes ago, Grumpy Duck said:

arbitration is in front of a panel of others, usually favoring one party.

Under the Australia-Thailand Free Trade Agreement, the arbitration panel has three members. Each country selects one person. Then the two people select a third person to join the panel. Panel decision is by majority vote and not appealable.

Where do you get the idea that the panel "usually favors one party?"

[Srikcir]

6 minutes ago, bangrak said:

during the years they abused of their licenses.

Would that be during the years since 2001 that the government never disclosed proven fault by the company until the government closed the mine in December 2016?

If there was proven fault, I'd say the government has been negligent and the responsible party for damages.

Unless of course there was/is no scientific independent evidence against Kingsgate but just someone's dream for easy cash. The government did admit it lacked scientific evidence and only now has begun to field test for contamination.

[Grumpy Duck]

13 minutes ago, Srikcir said:

Under the Australia-Thailand Free Trade Agreement, the arbitration panel has three members. Each country selects one person. Then the two people select a third person to join the panel. Panel decision is by majority vote and not appealable.

Where do you get the idea that the panel "usually favors one party?"

My experience with arbitration has been in the US, usually by insurance corporations, banks & medical professionals, and other corporate interests often in labor disputes. The panels are paid for by the corporate interests and answer to the money. The approval for arbitration panels is usually hidden in clauses in the piles of forms filled out when a person needs assistance. 

[Srikcir]

6 minutes ago, Grumpy Duck said:

My experience with arbitration has been in the US, usually by insurance corporations, banks & medical professionals, and other corporate interests often in labor disputes. The panels are paid for by the corporate interests and answer to the money. The approval for arbitration panels is usually hidden in clauses in the piles of forms filled out when a person needs assistance. 

I agree that medical arbitration is usually a farce from a patient's perspective.

 

Arbitration conducted under free trade agreements between nations is entirely different. Something POTUS Trump discovered when he thought he could force a change in the North American Free Trade Agreement or simply and quickly withdraw. Such actions can take years and are decided by .... an arbitration panel.

 

[Yme]

Is that sticky tape over his eyebrows?

[greenchair]

So a court order is binding and can be appealed. 

Is arbitration binding? 

Can it be appealed? 

What happens if the losing party doesn't follow the arbitration order?