The order of the Central Intellectual Property
and International Trade Court

This case is according to the claimants filed their application to the court asking for the execution of the Hong Kong arbitral award.

The party who objected the application stated one issue of objection to the application of the claimant that the Hong Kong arbitral award was not within a subject of the Convention on the Recognition and Enforcement of Foreign Arbitration Awards, New York version on June 10, 1958 or the New York Convention.

The court ruled that according to the application and the objection, there was the legal issue to be considered primarily whether the Hong Kong arbitral award was subjected to any treaty, conventions or international agreement in which Thailand is a party and whether the award is recognized and enforceable by that treaty. According to the New York Convention (exhibit C.3) in which Thailand, the United Kingdom of Great Britain and Northern Ireland and People Republic of China are parties, each party will recognize and enforce of the arbitral awards within among the parties in accordance with the procedural rule of law of each state the arbitral award was introduced. The facts revealed that Hong Kong entered in the New York Convention on April 21, 1988 according to the United Kingdom of Great Britain and Northern Ireland, which at the time occupied Hong Kong, becoming a party in that treaty. In the mean time, the People Republic of China joined the New York Convention on January 22, 1987. On June 6 and 10, 1997 the government of the People Republic of China and the United Kingdom of Great Britain and Northern Ireland formally declared to the secretary of the United Nation (Exhibit C.4) that the People Republic of China will reoccupied over the sovereignty of Hong Kong on July 1, 1997 and from that date Hong Kong will be the extraordinarily occupied territory of the People Republic of China. The New York Convention in which the People Republic of China is a party will be bound to Hong Kong from June 1,1997. This convention will implement particularly the recognition and enforcement of the arbitral award which is issued in territory of other parties of the convention. The People Republic of China will be accountable to all rights and international obligations arising from the convention. The United Kingdom of Great Britain and Northern Ireland returned Hong Kong to the People Republic of China on June 1,1997, declaring to be international responsible for Hong Kong until that day. After June 1,1997 The United Kingdom of Great Britain and Northern Ireland will take off all rights and international obligations arising from the New York Convention from Hong Kong. This is in accordance with rule no.10 of the New York Convention. Therefore, the Hong Kong arbitral award according to exhibit C.1 on March 7,1996 while Hong Kong was occupied by the United Kingdom of Great Britain and Hong Kong arbitral award on October 8,1997 while Hong Kong is occupied by the People Republic of China are subjected to the New York Convention and will be recognized and enforceable in Thailand as the party to that convention. The objection in this issue was groundless. The court ordered to continue the procedure of execution the award.