Learn more about Arbitration
Arbitration is provided for by the inclusion of an arbitration clause in a contract or the drafting of a separate agreement by which the parties agree to submit their dispute to an arbitral tribunal in the event of a future dispute. Arbitration in Thailand is governed by the Arbitration Act B. E 2545 and Sections 210-222 of the Civil Procedure Code B. E 2477. E 2545 as well as Sections 210 to 222 of the Civil Procedure Code B. E 2477. In addition, Thailand is a signatory to several international treaties on arbitration. These include the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), the Geneva Convention on the Enforcement of Foreign Arbitral Awards (Geneva Convention) and the Geneva Protocol on Arbitration Clauses (Geneva Protocol).
Table of contents
The main arbitration centers in Thailand
The Kingdom of Siam has three main arbitration centers that manage and administer arbitration proceedings. We can name:
1. The International Court of Arbitration (ICC)
By far the oldest institution, the International Court of Arbitration settles international commercial disputes governed by internal rules, which apply to all ICC proceedings worldwide.
2. The Thailand Arbitration Centre (THAC)
The Thailand Arbitration Centre is an alternative dispute resolution organisation, which provides arbitration and mediation services for cross-border disputes.
3. The Thai Arbitration Institute (TAI)
This institute was established in 1990 in Thailand to promote and develop arbitration as a dispute resolution mechanism for civil and commercial disputes. TAI is the main forum where disputes arising from contracts between the state and private parties are arbitrated.
The application of arbitration
The Arbitration Law B.E. 2545 follows the UNCITRAL Law on International Commercial Arbitration. For your information, the Arbitration Law is divided into 8 chapters, as follows:
|Chapter 1: Arbitration Agreement|
|Chapter 2: Arbitral Tribunal|
|Chapter 3: Jurisdiction of the Arbitral Tribunal|
|Chapter 4: Arbitral proceedings|
|Chapter 5: Award and termination of the proceedings|
|Chapter 6: Challenges to the Award|
|Chapter 7: Recognition and Enforcement of the Award|
|Chapter 8: Fees, Expenses and Remuneration|