What gives investors the confidence to choose ASEAN as a destination for investment?

The second panel session of ASEAN Arbitration Day 2026, held on Tuesday, 21 July 2026, at the Grand Ballroom, InterContinental Bangkok Hotel, was moderated by Ms Suruswadee Jaimsuwan, Partner at Tilleke & Gibbins and Arbitrator at the Thai Arbitration Institute. The session featured Ms Mayuree Sapsutthiporn, Partner and Head of China Practice at Kudun and Partners and Arbitrator at the Xiamen Arbitration Commission; Mr Steven Burkill, Partner at Watson Farley & Williams and Arbitrator at the Thai Arbitration Institute; Mr Tokuhiro Matsunaga, Partner at Nishimura & Asahi; and Ms Yiran Xu, Senior Legal Counsel at BYD Thailand. Together, they explored arbitration from the perspective of multinational investors and in-house counsel, examining how legal systems shape investment decisions across ASEAN.

The discussion centred on three interconnected principles—Transparency, Neutrality and Predictability—which the panel agreed are not merely legal ideals, but essential foundations for attracting and sustaining foreign investment. Investors seek confidence that contracts will be honoured, disputes will be resolved fairly and efficiently, and arbitral awards will ultimately be enforceable.

The speakers highlighted the importance of careful legal due diligence, well-drafted dispute resolution clauses, and the selection of neutral arbitral seats during the contracting stage. They also emphasised that effective judicial support, efficient enforcement procedures, and consistent legal frameworks play a vital role in reducing legal uncertainty and strengthening investor confidence.

The panel further discussed how high-quality arbitration depends not only on experienced arbitrators, but also on robust arbitral institutions that maintain up-to-date rules, provide continuous training, promote efficient case management, and ensure procedural fairness throughout the arbitral process.

Looking ahead, the discussion reaffirmed that ASEAN has made significant progress in building an arbitration-friendly ecosystem. By continuing to strengthen transparency, neutrality, and predictability through judicial cooperation, institutional development, and practical reforms, the region can further enhance its reputation as a trusted and competitive hub for international dispute resolution and cross-border investment.

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