Abstract
In a 2013 decision, the German Supreme Court (Bundesgerichtshof, BGH) elucidated the concept of State immunity under German law with respect to the recognition and enforcement of foreign arbitral awards. The decision concerned the recognition and enforcement of an arbitral award rendered in 2009 in Geneva in Walter Bau AG v Kingdom of Thailand . 3 The case attracted some public attention in Germany when the liquidator of Walter Bau AG seized the Thai crown prince’s Boeing 737-4Z6 at Munich airport in 2011. In the underlying arbitral proceedings the Tribunal, after confirming its jurisdiction in a 2007 Partial Award, ordered Thailand to pay damages in the amount of €29.21 million due to breaches of the fair and equitable treatment provision in the Germany–Thailand BIT. 4 The dispute arose out of an investment by Walter Bau AG, a former German construction company, 5 in a Thai project company...
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