Date of Award

11-2009

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Sompong Sucharitkul

Second Advisor

Christian Okeke

Third Advisor

Jon H. Sylvester

Abstract

This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the application of arbitration for state contracts in Thailand a continuous struggle: the initial impediment to the arbitration system and the contradiction and inconsistency of the arbitration system. Given the findings, there should be a mechanism, namely, a Testing Process that would help differentiate a "state contract relating to qualifying FDI" from others. Only the defined state contract relating to qualifying FDI subject to the Testing Process will be governed by a proposed Uniform and Standard Methodology of Arbitration, encompassing the ratification of the ICSID Convention on part of Thailand; the establishment of the Special Method; and the modification of the existing arbitration laws and regulations.

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