RCEP框架下中泰投资贸易争端解决机制

Group 1 - The core viewpoint of the article highlights the increasing bilateral trade and investment between China and Thailand since the implementation of the Regional Comprehensive Economic Partnership (RCEP), with trade figures showing a total of $135 billion in 2022, $126.28 billion in 2023, and projected $133.98 billion in 2024 [1] - China is the largest trading partner for Thailand, while Thailand ranks as China's fourth-largest trading partner in ASEAN [1] - In terms of direct investment, China is the second-largest source of foreign investment in Thailand, with 810 investment projects amounting to 174.6 billion Thai Baht (approximately $5.1 billion), focusing on sectors such as electric vehicles, electronics, and data centers [1] Group 2 - Investment and trade disputes between China and Thailand can be categorized into three types: disputes at the government level, disputes between operators and governments, and disputes between operators [3] - The RCEP provides a dispute resolution mechanism specifically for government-level disputes, but it has limitations regarding the scope and applicability of the disputes it can address [4][5] - The RCEP dispute resolution mechanism consists of three stages: consultation, expert group resolution, and execution of the final report, with a focus on amicable resolution [5] Group 3 - For disputes between operators and governments, RCEP does not provide a resolution mechanism, necessitating alternative methods, often involving domestic laws or international arbitration [8] - The International Centre for Settlement of Investment Disputes (ICSID) is a common choice for resolving investor-state disputes, with its arbitration decisions being highly enforceable [9] - Commercial disputes between operators are typically resolved through negotiation, mediation, arbitration, or litigation, with specific procedures outlined in Thai law [10] Group 4 - Both China and Thailand are parties to the New York Convention, ensuring that arbitration awards are recognized and enforced in both countries and other member states [11] - The 1997 Judicial and Arbitration Cooperation Agreement between China and Thailand promotes arbitration as a means to resolve commercial disputes and facilitates cooperation between arbitration institutions [11] - The article concludes that while the RCEP dispute resolution mechanism has some utility, traditional amicable negotiation remains the primary method for resolving disputes, and improvements to the mechanism are necessary for better service to RCEP member states [12]