Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

International arbitration in Thailand continues to be governed by the Thai Arbitration Act B.E. 2545 (2002) (“Arbitration Act”), to which no legislative amendment has been made since its enactment.

B. CASES

It is difficult to track the practical implementation of the Arbitration Act, as the vast majority of cases remain confidential and institutions administering arbitrations in Thailand do not publish case records. Nevertheless, cases do become a matter of public record when their enforcement is challenged in Thai courts.

B.1 Enforcement of Arbitral Award

Supreme Administrative Court Case No. Or. 487/2557 involved disputes arising from a public concession for wastewater treatment between a joint venture of six private entities (“the claimants”) and the Pollution Control Department (“the respondent”). The claimants filed an arbitration case against the respondent on the grounds of breach of concession, as the respondent had failed to remit payment for the claimants’ construction work. It was not revealed which arbitration rules applied or which institution administered the dispute. The tribunal rendered an award in favor of the claimants, requiring the respondent to pay outstanding fees, plus damages and interest, and to return the claimants’ performance guarantee.

Upon receiving copies of the ruling, the claimants filed a motion pursuant to s.39 of the Arbitration Act, requesting that the tribunal correct typographical errors. The request was to correct a statement in the award from “the respondent shall pay the fee of Baht 6,000,000 to the claimants” to “the respondent shall pay the fee of Baht 6,000,000 per annum to the claimants”. The tribunal made the corrections requested by the claimants.