Page 32 - Introduction to Investment Laws in Thailand
P. 32

At  an  international  level,  Thailand  acceded  to  the  New  York
               Convention in 1959. Thus, Thailand has a commitment to recognise foreign
               arbitral awards, including Investor-State Dispute Settlement Cases (ISDS
               cases) under investment treaties. Thailand signed the ICSID Convention in
                                         32
               1985 but has not yet ratified it .
                   As for the regional level, Thailand is a party to plurilateral agreements
               concerning  investment  in  the  context  of  Thailand’ s  membership  of
               ASEAN,  as  demonstrated  in  Table  2.   The  ASEAN  member  states
               concluded an intra-ASEAN Investment Agreement in 1987. It was later
               replaced in 2009 by the ASEAN Comprehensive Investment Agreement-
               ACIA,  which  is  the  foundational  investment  instrument  in  ASEAN.
               ASEAN  member  states  have  also  entered  into  several  agreements
               concerning investment with third states (ASEAN+ agreements).

               Table 4 ASEAN’s plurilateral agreements concerning investment.

                        Treaties with   Status      Parties     Date of   Date of
                    Investment Provisions                      signature     entry into

                                                                           force
                1                      Signed   Australia, China,  15/11/2020
                    RCEP (2020)
                                       (not in   Japan, Korea,
                                       force)   Republic of,
                                                New Zealand
                2   ASEAN - Hong Kong,   In force   Hong Kong,   12/11/2017  17/06/2019
                    China SAR                   China SAR
                    Investment Agreement

                    (2017)
                3   ASEAN - India      Signed   India          12/11/2014
                    Investment Agreement  (not in
                                       force)
                    (2014)
                5   ASEAN - China      In force   China        15/08/2009  01/01/2010
                    Investment Agreement

                    (2009)

               32  OECD, "OECD Investment Policy Reviews: Thailand"(online), January 2021,
               24 June 2021, https://www.oecd-ilibrary.org/sites/08095ac9-
               en/index.html?itemId=/content/component/08095ac9-en

                                                                             20
   27   28   29   30   31   32   33   34   35   36   37