Thailand - Part K - Arbitration in Asia - 2nd Edition
Pralakorn Siwawej, an accomplished Senior Associate in the Litigation and Arbitration Practice Group at Weerawong C&P, the former Bangkok office of White & Case, in Thailand, specializes in all aspects of commercial dispute resolution, including alternative dispute resolution (ADR). A Member of The Chartered Institute of Arbitrators (MCIArb), he has amassed a wealth of experience in advising both local and international clients on an array of litigation and arbitration disputes, emerging as an effective litigator in numerous high-profile cases. His proficiency encompasses diverse areas of Thai law such as construction, class action lawsuits, project development, joint ventures, hospitality and real estate, intellectual property, employment, and other commercial disputes. Prior to joining Weerawong C&P, Mr. Siwawej honed his skills at prominent international law firms in Thailand. The Legal 500 recognized his expertise, naming him a Rising Star in the dispute resolution area in Thailand from 2019 to 2022. Additionally, he earned a spot in the Asia Super 50 Disputes Lawyers edition of Asian Legal Business, Thomson Reuters, in 2021. He holds an LL.M. from the prestigious London School of Economics and Political Science in the UK.
Suphamit Watnoppakhun, an associate in the litigation and arbitration practice group at Weerawong C&P, the former Bangkok office of White & Case, has distinguished himself in the field of arbitration. Graduating with an LL.B. (First Class Honors) from Chulalongkorn University and attaining professional licenses as a Lawyer and Notarial Services Attorney from the Lawyers Council Under the Royal Patronage, both in 2021,
Mr. Watnoppkhun has extensive experience representing clients in arbitral cases at premier institutions like the Thai Arbitration Institute (TAI)
and the Thailand Arbitration Center (THAC), as well as handling the subsequent arbitration-related court proceedings. His expertise spans commercial law, domestic and international arbitration, and criminal law, allowing him to successfully represent clients from diverse industries in complex dispute resolution matters. He also serves as a trusted advisor to major Chinese clients across a broad spectrum of industries, skillfully combining his deep legal knowledge with hands-on commercial insights to deliver exceptional results.
Originally from Arbitration in Asia - 2nd Edition
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Informal, out-of-court dispute resolution has a long history in Thailand. Indeed, dispute resolution through the intervention and mediation of respected third parties has been central to Thai culture for centuries. It remains unclear when arbitration was first recognized as a formal alterative to dispute resolution in courts. It has been suggested that this can be traced back at least to the Code of the Three Great Seals enacted in 1805.1 The first clear statutory reference to arbitration appeared in the Civil Procedure Act 1896, but only for the limited purpose of establishing a court-supervised system whereby parties to current litigation could agree to refer their dispute to an arbitrator. The Court retained a supervisory role and gave effect to any resulting arbitral award by issuing a confirming judgment. The award itself was neither binding nor enforceable.
The Civil Procedure Code ('CPC') was replaced and came into force in 1935 and has been amended several times since. It remains in force today and retains the same procedure for 'in-court' arbitration. But by restricting this only to parties who have already commenced court proceedings, the CPC made little contribution to the development of 'out-of-court' arbitration as a popular alternative process for dispute resolution. Whilst out-of-court arbitration was undoubtedly known in the first half of the 20th century, in practice, arbitration agreements and awards were seldom enforced and, as a result, arbitration was rarely used by the business community.
As investment in Thailand grew in and after the 1950s, there was an increasing demand for a clear 'out-of-court' arbitration system within the legal framework. This was first addressed by the Board of Trade of Thailand, which established a trade arbitration service in 1955, and later and more successfully answered by the enactment of the Arbitration Act 1987, Thailand's first comprehensive arbitration law.
[1] INTRODUCTION
[2] LEGAL AND INSTITUTIONAL FRAMEWORK
[2.1] Arbitration law
[2.1.1] Civil Procedure Code
[2.1.2] Arbitration Act 2002
[2.2] Arbitrability
[2.2.1] Arbitration Act 2002
[2.2.2] Administration contracts
[2.2.3] Cabinet resolution, Public sector contracts
[2.3] Arbitration organizations
[2.3.1] Thai Arbitration Institute, Office of the Judiciary
[2.3.2] The Board of Trade of Thailand
[2.3.3] Thailand Arbitration Center (THAC)
[2.3.4] The Arbitration Committee, Office of Insurance Committee
[2.3.5] Other arbitration organizations
[2.4] Requirements for arbitration commissions
[2.5] Foreign and international arbitration commissions/institutions
[3] ARBITRATION AGREEMENTS
[3.1] Requirements
[3.2] Types of arbitration agreements
[3.2.1] Contract clause
[3.2.2] Submission agreement
[3.2.3] Incorporation by reference
[3.3] Parties to the arbitration agreement
[3.4] Defective arbitration agreements
[3.5] Separability/autonomy of the arbitration agreement
[3.6] Effect and enforcement of the arbitration agreement
[4] ARBITRATORS AND THE ARBITRAL TRIBUNAL
[4.1] Qualifications
[4.2] Number and selection of arbitrators
[4.3] Challenging an arbitrator
[4.4] Removal and replacement of arbitrators
[5] ARBITRATION PROCEDURE
[5.1] Commencement of arbitration proceedings
[5.1.1] General
[5.1.2] Preliminary mediation meetings
[5.1.3] Time limitation/prescription
[5.2] Preliminary meeting with tribunal
[5.2.1] Further statements of claim and defence
[5.3] Challenges to tribunal’s jurisdiction
[5.4] Interim relief
[5.5] Fact-finding
[5.5.1] Documentary evidence
[5.5.2] Witnesses
[5.5.3] Experts
[5.5.4] Site visits
[5.6] Trial hearing
[5.6.1] Necessity for a hearing
[5.6.2] Location and seat
[5.6.3] Hearing date
[5.6.4] Opening statements
[5.6.5] Records of the hearing
[5.7] Default of a party
[5.8] Concluding the arbitration process
[5.8.1] Time limits
[5.8.2] Closing procedures
[6] AWARDS
[6.1] Types of Awards
[6.1.1] Consent awards
[6.1.2] Interim, interlocutory and partial awards
[6.1.3] Final awards
[6.2] Form of the award
[6.3] Content of the award
[6.4] Interest and costs
[6.5] Issuance and revision of awards
[6.6] Additional awards
[6.7] Challenge and setting aside of awards
[6.7.1] Grounds for setting aside
[6.7.2] Time limits
[7] JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Obtaining evidence
[7.2] Provisional measures/interim relief
[8] ENFORCEMENT OF AWARDS
[8.1] Procedures for enforcement
[8.2] Requirements for enforceable foreign awards
[8.3] Appeal
[8.4] Enforcement against state entities
[9] PRACTICAL INFORMATION
[9.1] Foreign arbitrators
[9.2] Foreign counsel
[10] APPENDICES (on CD)
[10.1] Arbitration Act B.E. 2545
[10.2] Arbitration Rules, Thai Arbitration Institute, Office of the Judiciary
[10.3] Civil Procedure Code of Thailand (Sections 210 – 222)
[10.4] The Thai Arbitration Institute, The Code of Ethics for Arbitrators, 1 March 2003