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Legal framework

National arbitration laws

What legislation applies to arbitration in your jurisdiction?

The Arbitration Act (BE 2545 (2002)) and Sections 210 to 222 of the Civil Procedure Code (BE 2477 (1934)).

Mandatory laws

Are there any mandatory laws?

Yes, mandatory laws are set out in the Arbitration Act and the Civil Procedure Code.

New York Convention

Is your country a signatory to the New York Convention? If so, what is the date of entry into force?

Thailand ratified the New York Convention on December 21 1959.

Are there any reservations to the general obligations of the convention?

No reservations have been raised by Thailand.

Treaties and conventions

What other treaties and conventions in relation to arbitration is your jurisdiction party to?

Thailand ratified the Geneva Convention on the Execution of Foreign Arbitral Awards 1927 on December 29 1954.

UNCITRAL

Has your jurisdiction adopted the UNCITRAL Model Law?

Yes, the UNCITRAL Model Law was adopted in the Arbitration Act (Tul Trisoras, “Challenging of Thai Laws Development Complying with the International Law: UNCITRAL”, Individual Study of Foreign Affairs Executive Programme, Batch 6 Year 2014, Devawongse Varopakarn Institute of Foreign Affairs).

Reform

Are there any impending plans to reform the arbitration laws in your jurisdiction?

To date, there are no pending plans to reform the Arbitration Act and the Civil Procedure Code.

Arbitration agreements

Validity

What are the validity requirements for an arbitration agreement?

Section 11 of the Arbitration Act prescribes the requirements for an arbitration agreement as follows:

  • An ‘arbitration agreement’ means an agreement between the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not.
  • An arbitration agreement may be in the form of an arbitration clause in a contract or a separate agreement.
  • An arbitration agreement must be in writing.
  • An arbitration agreement must be signed by the parties. An arbitration clause constitutes an arbitration agreement if it is contained in:
    • an exchange between the parties by means of letters, facsimiles, telegrams, telex, data interchanges with electronic signatures or other means which provide a record of the agreements; or
    • an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and no objection is raised by the other party.

Enforcement of agreements

How are arbitration agreements enforced in your jurisdiction? What is the attitude of the national courts towards arbitration agreements?

Under Section 14 of the Arbitration Act, where a party to an arbitration agreement commences legal proceedings in court in respect of any dispute which is the subject of the arbitration agreement, the other party may file a motion requesting the competent court to strike out the case no later than the date on which the statement of defence was filed or within the filing period of the statement of defense prescribed by law.

If the court finds no grounds for rendering the arbitration agreement void, unenforceable or impossible to perform after completing an inquiry, it will usually issue an order to strike out the case, enabling the parties to enter into arbitration proceedings.

Consolidation

Can an arbitral tribunal with its seat in your jurisdiction consolidate separate arbitral proceedings under one or more contracts, and, if so, in what circumstances?

The Arbitration Act is silent on this matter. However, if agreed by the parties, the arbitral tribunal should be able to consolidate separate arbitral proceedings under one or more contracts. 

Choice of law

How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?

Under Section 34 of the Arbitration Act, the arbitral tribunal must decide the dispute in accordance with the governing law chosen by the parties. Where the parties fail to determine the governing law of the dispute, the arbitral tribunal will apply Thai law. If there is a conflict of law, the arbitral tribunal will apply the law it considers most appropriate in accordance with the conflict of laws principle.

Separability

Are there any provisions on the separability of arbitration agreements?

The Arbitration Act is silent on this matter.

Multiparty agreements

Are multiparty agreements recognised?

The Arbitration Act is silent on this matter. However, it does not prohibit multiparty agreements. 

Arbitral tribunal

Criteria for arbitrators

Are there any restrictions?

Under Section 19 of the Arbitration Act, an arbitrator must be impartial, independent and possess the qualifications prescribed in the arbitration agreement.

Where the parties to an arbitration agreement agree to apply the rules of the Thai Arbitration Institute (TAI), they must follow the restrictions and qualifications prescribed by the TAI Rules (BE 2560 (2017)), which are relatively similar to the Arbitration Act. For instance, Article 19 of TAI Rules provides that:

Arbitrators shall be impartial, independent and possess the qualifications prescribed in the arbitration agreement as well as prepared to execute their duties with speed and efficiency. In the nomination of arbitrators pursuant to Article 16 paragraph one, prior to the nomination, the parties shall ensure that the nominees possesses the qualifications and are so prepared to execute their duties.

Arbitrators shall conduct arbitral proceedings as prescribed in these Rules so that the proceedings are carried out with speed and efficiency. The arbitrators shall not act as lawyers or representatives of either party, and comply with the Code of Ethics for Arbitrators prescribed by the Institute.”

Contractual stipulations

What can be stipulated about the tribunal in the agreement?

The agreement may stipulate matters such as:

  • the number of arbitrators;
  • the procedure for appointment of the tribunal; and
  • the necessary qualifications for the arbitrators. 

Default requirements

Are there any default legal requirements as to the selection of a tribunal - for example, concerning the number of arbitrators or their characteristics?

Chapter 2 of the Arbitration Act provides certain requirements as to the selection of a tribunal. For example, the arbitral tribunal must be composed of an uneven number of arbitrators and arbitrators must be impartial, independent and possess the qualifications prescribed in the arbitration agreement or by the TAI.

Challenging the appointment of an arbitrator

Can the appointment of an arbitrator be challenged? Can an arbitrator be disqualified? What is the procedure for this?

The appointment of an arbitrator can be challenged if:

  • there are circumstances that give rise to justifiable doubts as to his or her impartiality or independence or he or she lacks the qualifications specified by the parties; or
  • the arbitrator has failed to disclose to the parties without delay any such circumstances, whether before or after his or her appointment (Section 19 of the Arbitration Act).

The procedures for challenging the appointment of an arbitrator are set out in Section 20 of the Arbitration Act. The party intending to challenge the appointment can file a statement with the arbitral tribunal stating the grounds of the challenge within 15 days of becoming aware of the appointment or circumstance, as stipulated in Section 19(3) (Section 20(1) of the Arbitration Act). Following this, the tribunal will decide on the challenge unless the challenged arbitrator has already withdrawn from office or the other party has already agreed to the challenge. Where a challenge under such procedure is unsuccessful, the challenging party can request the competent court to decide on the challenge within 30 days of the date on which it became aware of the appointment or the circumstance clarified in Section 19(3) of the Arbitration Act.

An arbitrator can also cease to become an arbitrator if the parties agree to terminate the appointment where circumstances set out in Section 21(2) of the Arbitration Act exist, including where the arbitrator is subject to an absolute receivership or fails to perform his or her duties within a reasonable time for whatever cause.

Jurisdictional objections

How should an objection to jurisdiction be raised?

The arbitral tribunal has the power to consider whether it has jurisdiction pursuant to Section 24 of the Arbitration Act. Where the parties intend to challenge the arbitral tribunal’s jurisdiction, they must raise such objection no later than the date on which the statement of defence is submitted. After an objection has been raised, the arbitral tribunal will rule on its jurisdiction, either as a preliminary question or in an award on the merits. If the arbitral tribunal rules that it has jurisdiction, either party may file a motion requesting the competent court to decide the matter within 30 days of receipt of the ruling on the preliminary issue. While this motion is pending, the arbitral tribunal can continue the proceedings and render an award.

Replacement of an arbitrator

Why and how can an arbitrator be replaced?

Section 22 of the Arbitration Act states that where the appointment of an arbitrator has been terminated as a result of an agreement by the parties under Section 20, by other grounds set out in Section 21 of the Arbitration Act or because his or her mandate has been terminated or revoked by an agreement between the parties, a substitute arbitrator can be appointed under the same rules as applied to the appointment of the arbitrator who is being replaced.

Powers and obligations

What powers and obligations do arbitrators have?

Arbitrators can rule on the jurisdiction of the tribunal pursuant to Section 24(1) of the Arbitration Act, which includes the power to consider the existence or validity of the arbitration agreement, as well as issues of dispute falling within the scope of its authority.

According to Section 25(2) of the Arbitration Act, arbitrators also have the power to conduct proceedings as they deem appropriate, which includes the power to determine the admissibility and weight of evidence, unless otherwise agreed by the parties. 

Liability of arbitrators

Are arbitrators immune from liability?

According to Section 23 of the Arbitration Act, arbitrators will not be liable for civil liabilities arising during their performance of their duties as arbitrators, unless such duties have been performed wilfully or with gross negligence causing damage to either party.

Communicating with the tribunal

How do the parties communicate with the tribunal?

The Arbitration Act is silent on this matter. However, where the parties agree to apply the TAI Rules, communication between the parties and the tribunal must comply with Article 27 of the TAI Rules, which prescribes that a party and its representatives cannot communicate with an arbitrator or prospective arbitrator without disclosing such communication to the other party, the TAI and the arbitral tribunal unless the purpose of the communication is to provide a brief summary of:

  • the dispute;
  • the proceedings to be carried out;
  • qualifications and readiness to carry out obligations in an efficient and timely manner; or
  • the relationship between the parties and the dispute.

Further, Article 27(2) of the TAI Rules prohibits communication with a person who has been nominated or whom a party intends to nominate to be a chair of the tribunal without disclosing such communication to the other party, the TAI and the arbitral tribunal.

Reaching decisions

Is unanimous agreement of the tribunal required? If there is disagreement, does the will of the majority suffice? What are the implications of this?

Unless otherwise agreed by the parties, any awards, orders or rulings of the arbitral tribunal must be made by a majority vote, in accordance with Section 35(1) of the Arbitration Act. However, in the event that the arbitral tribunal cannot reach a majority vote, the chair of the tribunal will solely render the award, order or rule.

Arbitrability

Are there any disputes incapable of being referred to arbitration?

Criminal and non-contractual disputes cannot be referred to arbitration. 

Can the arbitrability of a dispute be challenged?

The arbitrability of a dispute can be challenged by either party pursuant to Section 24(2) of the Arbitration Act, which allows the parties to an arbitration to challenge the tribunal’s jurisdiction and actions beyond the scope of it authority.

Jurisdiction and competence-competence

Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?

The competence-competence principle is stipulated in Section 24 of the Arbitration Act.

Arbitral proceedings

Starting an arbitration proceeding

What is needed to commence arbitration?

Under Section 27 of the Arbitration Act, arbitral proceedings will be commenced when:

  • a party receives a letter from the other party requesting that the dispute be settled by arbitration;
  • a party notifies the other party in writing to appoint an arbitrator or approve the appointment of an arbitrator;
  • a party sends a written notice of the disputed issues to the arbitral tribunal designated in the arbitration agreement; or
  • either party submits the dispute to an agreed arbitration institution established for settlement of disputes by arbitration as has been agreed. 

Limitation periods

Are there any limitation periods for the commencement of arbitration?

There is a period of limitation for each dispute under Section 193 of the Civil and Commercial Code. Section 193/14(4) of the Civil and Commercial Code stipulates that such period will be interrupted in cases where a creditor submits the dispute to arbitration.

Procedural rules

Are there any procedural rules that arbitrators must follow?

Arbitrators must comply with the Thai procedural laws set out in the Arbitration Act and the Civil Procedure Code (BE 2477 (1934)). For instance, Section 25 of the Arbitration Act stipulates that “unless otherwise agreed by parties or provided by this Act, the arbitral tribunal shall apply the provisions on the law of evidences mutatis mutandis under the Civil Procedure Code”.

However, where the parties to the arbitration agree to apply the Thai Arbitration Institute (TAI) Rules, the arbitrators must follow the TAI Rules and the laws set out in the Arbitration Act and the Civil Procedure Code.

Dissenting arbitrators

Are dissenting opinions permitted under the law of your jurisdiction?

Dissenting opinions are permitted under Thai law. For example, Section 45(4) of the Arbitration Act stipulates that “no appeal shall lie against the order or judgment of the court under this Act unless… the judge who sat in the case gave a dissenting opinion”. 

Judicial assistance

Can local courts intervene in proceedings?

Local courts can intervene in arbitration proceedings to the extent permitted by law. For instance, Section 18 of the Arbitration Act provides that:

Where the arbitral tribunal shall be a sole arbitrator, if the parties are unable to agree on the arbitrator, either party may file a motion with the competent court requesting appointment of the arbitrator.

Can the local courts assist in choosing arbitrators?

Yes. Local courts can assist in choosing arbitrators in the following cases:

  • Where the arbitral tribunal will have a sole arbitrator, if the parties cannot agree on the arbitrator, either party may file a motion with the competent court requesting an appointment of the arbitrator pursuant to Section 18(1) of the Arbitration Act.
  • Where the tribunal will consist of multiple arbitrators, each party must appoint an equal number of arbitrators and the appointed arbitrators must appoint an additional arbitrator. However, if either party fails to appoint its arbitrators within 30 days of receipt of the notification from the other party, or if the appointed arbitrators cannot jointly appoint a chair, either party can file a motion with the competent court requesting an order to appoint an arbitrator or chair pursuant to Section 18(2) of the Arbitration Act.
  • If, pursuant to the appointment procedures above, no other procedures for successful appointment of arbitrators are provided, either party may file a motion with the competent court to appoint the arbitrator as it deems appropriate where:
    • a party fails to act as required under the procedure;
    • the parties or the party-appointed arbitrators cannot reach an agreement expected of them under the procedure; or
    • a third party, including an institution, fails to perform any function entrusted to it under the procedure.

What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration? Can the courts compel parties to arbitrate? Can they issue subpoenas to third parties?

Under Sections 31(2) and (3) of the Arbitration Act, unless otherwise agreed by the parties, the arbitral tribunal will still continue the proceedings where:

  • the respondent fails to submit its statement of defence; or
  • any party fails to appear at a hearing or produce documentary evidence.

Where the parties agree to apply the TAI Rules, Article 40(2) of the TAI Rules provides that:

In case where the Respondent fails to submit the Statement of Defense without justifiable reason, to attend the arbitral proceedings, or to carry out any act directed by the Arbitral Tribunal or the Institute, the Arbitral Tribunal or the Institute may continue with the proceedings.

No, the courts cannot compel parties to arbitrate.

Yes. The courts may issue a subpoena or an order to submit any documents or materials on a request by the tribunal, an arbitrator or a party with the consent of the majority of the arbitral tribunal pursuant to Section 33 of the Arbitration Act.

Third parties

In what instances can third parties be bound by an arbitration agreement or award?

Third parties are not legally bound by an arbitration agreement or award. However, where there is a transfer of claim or liability, the transferee will be bound by the arbitration agreement concerning such claim or liability (Section 13 of the Arbitration Act).

Default language and seat

Unless agreed by the parties, what is the default language and location for arbitrations?

If the parties do not agree on a language for the arbitration, the arbitral tribunal will determine the language(s) to be used in the proceedings (Section 28 of the Arbitration Act). If the parties do not agree on the place of arbitration, this will be determined by the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties (Section 26 of the Arbitration Act).

Gathering evidence

How is evidence obtained by the tribunal?

The arbitral tribunal can take evidence at any stage during the course of the proceedings as it thinks fit if so requested by a party (Section 30 of the Arbitration Act).

What kinds of evidence are acceptable?

Acceptable forms of evidence include materials, documents and expert reports.

Confidentiality

Is confidentiality ensured?

The Arbitration Act is silent on the confidentiality issue. However, the arbitral tribunal may address confidentiality in its terms of reference.

Article 36 of the TAI Rules states that:

All arbitral proceedings, the Statement of Claims, the Statement of Defense, documents, evidence, hearings, orders, and award are confidential.

The parties, the arbitral tribunal and the Institute shall not disclose the proceedings whether in whole or in part, unless the disclosure is:

(1) with the consents of the parties;

(2) for the purpose of protection or exercise of legal rights, or enforcement or setting aside of an award;

(3) as prescribed by law.

Can information in arbitral proceedings be disclosed in subsequent proceedings?

Please see above.

Ethical codes

What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?

The ethical codes include the 2002 and 2015 versions of the Code of Ethics for Arbitrators issued by the TAI. 

Costs

Estimation & allocation

How are the costs of arbitration proceedings estimated and allocated?

Article 55 of the Thai Arbitration Institute (TAI) Rules sets out the costs and expenses in relation to conducting arbitration and arbitrators’ fee. 

Security for costs

Can the national court or tribunal order security for costs under the law in your jurisdiction?

Under Article 58 of the TAI Rules, the arbitral tribunal can order security for costs.

The award

Requirements

What legal requirements are there for recognition of an award? Must reasons be given for the award? Does the award need to be reviewed by any other body?

Sections 41 to 44 of the Arbitration Act set out the requirements for the recognition of awards.

Under Section 41 of the Arbitration Act, arbitral award are binding on the parties. A foreign arbitral award will be enforced by the competent court only if it is subject to an international convention, treaty or agreement to which Thailand is a party. Such award will apply only to the extent that Thailand accedes to be bound.

Under Article 46(2) of the Thai Arbitration Institute (TAI) Rules, reasons must be given for the award.

Under Article 47 of the TAI Rules, before signing the award, the tribunal must send the draft award to the TAI so that it can review the form of the award.

Timeframe for delivery

Are there any time limits on delivery of the award?

Under Article 45 of the TAI Rules, the award must be made within 30 days of completing the hearings or the expiry date for submitting closing statements, unless extended by the TAI on the arbitral tribunal’s request.

Remedies

Does the law impose limits on the available remedies? Are some remedies not enforceable by the court?

Remedies will be available in accordance with Section 222 of the Civil and Commercial Code, which states as follows:

The claim of damages is for compensation for all such damage as usually arises from non-performance.

The creditor may demand compensation even for such damage that has arisen from special circumstances, if the party concerned foresaw or ought to have foreseen such circumstances.”

At present, exemplary damages (or punitive damages) are available only in specific circumstances, including but not limited to cases involving:

  • the protection of trade secrets (the Trade Secrets Act, BE 2545 (2002));
  • the empowerment of disabled persons (the Persons with Disabilities Empowerment Act, BE 2550 (2007));
  • consumer protection (the Consumer Case Procedure Act, BE 2551 (2008)); and
  • liability for unsafe products (the Product Liability Act, BE 2551 (2008)).

What interim measures are available? Will local courts issue interim measures pending constitution of the tribunal?

Interim measures to protect parties’ interests are available under Section 16 of the Arbitration Act. A party to an arbitration agreement may file a motion requesting the competent court to issue an order imposing provisional measures to protect his or her interests before or during the arbitral proceedings. If the court believes that it would have been able to issue such order had the proceedings been conducted in court, it may proceed as requested. The provisional measures under the Civil Procedure Code (BE 2477 (1934)) apply mutatis mutandis pursuant to Section 16 of the Arbitration Act.

Yes, local courts can issue interim measures while the constitution of the tribunal is still pending. Where the court issues an order at the party’s request, the party filing the motion for the interim measures must carry out the arbitral proceedings within 30 days of the court order or within the period prescribed by the court; otherwise, the order will be deemed cancelled pursuant to Section 16(2) of the Arbitration Act.

Interest

Can interest be awarded?

Yes, interest is awarded in accordance with Section 224 of the Civil and Commercial Code, which states that:

A money debt bears interest during default at 7.5 percent per annum. If the creditor can demand higher interest on any other legitimate ground, this shall continue to be paid.

Interest for default shall not be paid upon interest.

Proof of further damage is admissible.”

At what rate?

Under Section 224 of the Civil and Commercial Code, a debt bears interest during default at 7.5% per year.

Finality

Is the award final and binding?

Yes, the award is final and binding on the parties. 

What if there are any mistakes?

For insignificant mistakes, a party can file a motion requesting the tribunal to correct any error in computation, any clerical or typographical errors or any other insignificant error in the award, or to give an interpretation or explanation of a specific point or part of the award, within 30 days of receipt of the award, pursuant to Sections 39(1)(1) and (2) of the Arbitration Act.

Can the parties exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?

In general, the parties cannot agree to exclude any right of appeal or other recourse under the Civil Procedure Code, as to do so would be regarded as violating public order and good morals. 

Appeal

What is the procedure for challenging awards?

To challenge the awards, Section 40 of the Arbitration Act provides that:

  • a challenge must be made by a motion with the competent court; and
  • within 90 days of receipt of a copy of the award or after the correction or interpretation or the making of an additional award, a party may file a motion for setting aside of the award with the competent court.

On what grounds can parties appeal an award?

Section 40 of the Arbitration Act provides that the court will set aside the arbitral award in the following cases:

  • The party filing the motion can provide proof that:
    • a party to the arbitration agreement was under some incapacity under the law applicable to that party;
    • the arbitration agreement is not binding under the law of the country agreed to by the parties, or failing any indication thereon, under Thai law;
    • the party making the application was not given proper advance notice of the appointment of the arbitral tribunal or the arbitral proceedings or was otherwise unable to defend the case in the arbitral proceedings;
    • the award deals with a dispute outside the scope of the arbitration agreement or contains a decision on matters beyond the scope of the arbitration agreement; however, if the award on the matter which is beyond the scope thereof can be separated from the part that is within the scope of arbitration agreement, the court may set aside only the part that is outside of the scope thereof; or
    • the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, unless otherwise agreed by the parties, in accordance with the Arbitration Act.
  • Where the court finds that:
    • the award deals with a dispute not capable of settlement by arbitration under the law; or
    • the recognition or enforcement of the award would be contrary to public policy.

In considering an application to set aside an award, if a party so requests and the court considers it reasonably justified, the court may adjourn the hearing of the case so that the arbitral tribunal can resume the case or carry out any act as it deems fit to eliminate the grounds for setting aside.

Enforcement

What steps can be taken to enforce the award if there is a failure to comply?

The party under the arbitral agreement may request enforcement of the awards up to three years after the award is enforceable (Section 42 of the Arbitration Act).

When either party intends to enforce the tribunal’s award, it can file a motion with the competent court within three years of the date on which the award is enforceable. After the court receives the motion, it will promptly examine and give judgment accordingly. The applicant for enforcement of the award must provide the following documents to the court:

  • an original or certified copy of the arbitral award;
  • an original or certified copy of the arbitration agreement;
  • a Thai translation of the award and arbitration agreement that has been:
    • performed by a translator who has taken an oath before the court or in the presence of an official or an authorised person; or
    • certified by an official authorised to certify translations or by a Thai envoy or consul in the country where the award or the arbitration agreement was made

Can awards be enforced in local courts?

The awards must be enforced by local courts pursuant to Section 42 of the Arbitration Act.

How enforceable is the award internationally?

The awards are basically enforceable among the countries which are parties to the New York Convention. 

To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

Under Section 1307 of the Civil and Commercial Code, state property cannot be seized. 

Are there any other bases on which an award may be challenged, and if so, by what?

Under Section 43 of the Arbitration Act, the court may refuse the enforcement of the award on the following grounds:

  • a party under the arbitral agreement was under some incapacity under the law applicable to that party;
  • the arbitration agreement is not binding under the law of the country agreed to by the parties, or failing any indication thereon, under Thai law;
  • the party making the application was not given proper advance notice of the appointment of the arbitral tribunal or of the arbitral proceedings or was otherwise unable to defend the case in the arbitral proceedings;
  • the award deals with a dispute outside the scope of the arbitration agreement or contains a decision on matters beyond the scope of the arbitration agreement; however, if the award on the matter outside the scope thereof can be separated from the part that is within the scope of the arbitration agreement, the court may set aside only the part that is outside the scope of the arbitration agreement or clause;
  • the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, if not otherwise agreed by the parties, in accordance with the Arbitration Act; or
  • the arbitral award has not yet become binding, or has been set aside or suspended by a competent court or under the law of the country where it was made.

Save where the setting aside or suspension of the award is being sought from the competent court, the court may adjourn the hearing of this case as it thinks fit. If requested by the party making the application, the court may order the party against whom enforcement is sought to provide appropriate security.

Under Section 44 of the Arbitration Act, the court may dismiss the application for enforcement if it finds that:

  • the award involves a dispute incapable of settlement by arbitration under the law; or
  • the enforcement of the award would be contrary to public policy.

How enforceable are foreign arbitral awards in your jurisdiction?

The foreign arbitral awards must be enforced by the competent court if it is subject to an international convention, treaty or agreement to which Thailand is a party. Such award will apply only to the extent that Thailand accedes to be bound (Section 41(2) of the Arbitration Act).

Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?

The foreign arbitral awards must be enforced by the competent court if it is subject to an international convention, treaty or agreement to which Thailand is a party. Such award will apply only to the extent that Thailand accedes to be bound (Section 41(2) of the Arbitration Act).

Third-party funding

Rules and restrictions

Are there rules or restrictions on third-party funders?

The Arbitration Act is silent on this matter.

Class-action or group arbitration

Concept

Is there a concept in your jurisdiction providing for class-action arbitration or group arbitration? If so, are there any limitations to the arbitrability of such claims or requirements that must be met before such claims may be arbitrated?

The Arbitration Act is silent on this matter.

Hot topics

Emerging trends

Are there any hot topics or trends emerging in arbitration in your jurisdiction?

The most recent development is that revised Thai Arbitration Institute Rules were published in the Government Gazette on January 25 2017.