Chapter 4: International Investment Arbitration in Thailand: Limiting Contract-based Claims While Maintaining Treaty-based isds

Luke Nottage; Sakda Thanitcul

Jump to Content

Chapter 4: International Investment Arbitration in Thailand: Limiting Contract-based Claims While Maintaining Treaty-based isds

In: International Investment Treaties and Arbitration Across Asia

Authors:

Luke Nottage

Luke Nottage
Search for other papers by Luke Nottage in
Current site
Google Scholar
PubMed

and

Sakda Thanitcul

Sakda Thanitcul
Search for other papers by Sakda Thanitcul in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 115–158

DOI:: https://doi.org/10.1163/9789004360105_005

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Thailand was initially cautious with its bilateral investment treaties (bits), consistently eschewing investor-state dispute settlement (isds). From 1989 it began agreeing to isds, but only if both states were party to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, which Thailand signed in 1965 but never ratified. From 1993, bits increasingly provided for ad hoc arbitration. Major disputes emerged from the 1990s instead under contracts with foreign investors containing arbitration clauses. From 2004 concession contracts required Cabinet pre-approval. This limitation was extended to all public contracts from 2009, after the first treaty-based isds award against Thailand, although two further claims have been filed recently. A 2002 Model bit was revised in 2013 to incorporate more pro-host-state provisions, but Thailand had net foreign direct investment (fdi) outflows in 2011 and still concludes treaties with isds. These patterns suggest ‘more than bounded’ rationality.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/edcoll/9789004360105/B9789004360105_006.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

International Investment Treaties and Arbitration Across Asia

Series: Nijhoff International Investment Law Series, Volume: 9

E-Book ISBN:: 9789004360105

Publisher:: Brill | Nijhoff

Print Publication Date:: 26 Nov 2018

Subjects
- Asian Studies
  - South East Asia
- International Law

Front Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	2103	569	226
Full Text Views	189	2	0
PDF Views & Downloads	90	8	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 4: International Investment Arbitration in Thailand: Limiting Contract-based Claims While Maintaining Treaty-based isds

Citation Info

Share link with colleague or librarian

International Investment Treaties and Arbitration Across Asia

Table of Contents

Metrics

Metrics