Thailand - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Thawatchai Suvanpanich is a law lecturer at Sukhothai Thammathirat Open University. He has presented and lectured on the subject of arbitration in many Universities in Thailand. He is an Associate Judge in Central Intellectual Property and International Trade Court. He serves as the Information Disclosure Tribunal for National Economy and Finance. He also accepts appointments as arbitrator. Mr. Suvanpanich received his MCL from Dickinson School of Law and George Washington University and his PhD from School of International Arbitration, Queen Mary, London University..

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. INTRODUCTION: ARBITRATION IN THAILAND–INFRASTRUCTURE

A. Current Legislation on Arbitration

1. Current Law

Thailand signed the New York Convention on Enforcement of Foreign Awards in 1959. However, it did not enact any law to implement the Convention. The Civil Procedure Code contains the only provisions concerning arbitration proceedings and court involvement. Nevertheless, there are very few provisions concerning arbitration proceedings outside of court involvement. The first arbitration act emerged in 1987 two years after the UN launched the UNCITRAL Model Law. Originally the Thai Arbitration Act B.E. 2530 did not adopt the Model Law however the more recent Thai Arbitration Act, which came into effect on 29 April 2002, adopts the Model Law.

The Arbitration Act 2002 is the single act which applies to both international and domestic arbitration. Furthermore, it applies to all types of disputes, both commercial and non-commercial, which are not against public policy or the law.

2. Confidentiality and publication of awards

Although the Act is silent on the issue all rules of arbitration institutions in Thailand provide that all arbitral proceedings, including award, are confidential. Until recently, the Thai Arbitration Institute has published arbitral awards in Thai.

Table of Contents:

I. INTRODUCTION: ARBITRATION IN THAILAND -- INFRASTRUCTURE

A. Current Legislation on Arbitration

1. Current Law

2. Confidentiality and publication of awards

B. Arbitration Infrastructure and Practice in Thailand

1. Major arbitration institutions

2. Number of cases and other statistics

II. CURRENT LAW AND PRACTICE

A. Arbitration Agreement

1. Types and validity of agreement

a) Clauses and submission agreements

b) Minimum essential content

c) Form requirements

2. Enforcing arbitration agreements

3. Effects on third parties

4. Termination and breach

B. Jurisdiction

C. Arbitrability

1. Notion and functions of arbitrability

2. Subjective arbitrability

3. Objective arbitrability

D. Arbitral Tribunal

1. Status and qualifications of arbitrators

2. Appointment of arbitrators .

3. Challenge and removal of arbitrators

4. Arbitrator liability and immunity

E. Conducting the Arbitration

1. Law governing procedure

a) Notion and role of seat of arbitration

2. Conduct of arbitration

a) Party autonomy and arbitrators’ power to determine procedure

b) Submissions and notifications

c) Deadlines, and methods for their extension

3. Taking of evidence

a) Burden of proof

b) Documentary evidence and privilege

c) Witnesses

d) Experts

4. Interim measures of protection

a) Jurisdiction for granting interim measures

b) Types of measures

5. Interaction between national courts and arbitration tribunals

a) Court assistance during the arbitration

b) Court assistance after the arbitration

6. Law and rules of law applicable to the merits

7. Costs

a) Arbitration costs

b) Legal costs

c) Security for costs

F. Arbitration Award

1. Types of awards

a) Partial awards

b) Final awards

c) Consent awards

d) Default awards

2. Form requirements

3. Decision making

a) Deliberations

b) Majority or consensus?

c) Signature

4. Settlement

a) Settlement recorded in an award

b) Settlement without an award

5. Correction, supplementation, and amendment

G. Challenge and Other Actions against the Award

1. Setting aside

a) Grounds

b) Time limits

2. Appeal on the merits

III. RECOGNITION AND ENFORCEMENT OF AWARDS

A. Domestic Awards

B. Foreign Awards

1. Various regulatory regimes

2. Application of New York Convention by local courts

IV. APPENDICES AND RELEVANT INSTRUMENTS

A. National Legislation (See CD-ROM)

B. Major Arbitration Institutions

C. Cases

D. Bibliography