Thai Arbitration Institute (TAI) - World Arbitration Reporter, Second Edition

The Thai Arbitration Institute (‘TAI’) was originally established in 1990 as the Arbitration Office, under the authority of the Ministry of Justice. The Arbitration Office was established with the objective of being the central institution in Thailand for fostering and developing conciliation and arbitration along with litigation in courts. Subsequently, the Constitution of the Kingdom of Thailand B.E. 2540 (1997) provided that the administrative division of the Court of Justice (which included the Arbitration Office) was to be independent of the Executive Branch, including the Ministry of Justice.

Accordingly, the Arbitration Office attached to the Court of Justice has been separated from the Ministry of Justice since 2002. The Arbitration Office, subsequently renamed the TAI, is an agency of the Office of the Judiciary, which was established by the Judicial Administration Act B.E 2543 (2002) to carry out the administrative works of the Court of Justice.

One of the main roles of the TAI is to act as an intermediary in fostering and promoting arbitral proceedings in Thailand, and providing legal consultation to both the public and private sectors. The TAI also monitors its Arbitration Rules to comply with and be enforceable under the law. It also maintains an updated roster of qualified experts from various professions who are available to serve as arbitrators. In addition, the TAI stays up to date on developments related to treaties, conventions, and international agreements of which Thailand is a member.

The Executive Director is the person who is entitled to act on behalf of the TAI, including being responsible for the day-to-day administration of all arbitral proceedings referred to the TAI. Furthermore, the Executive Director carries out the TAI’s works under policies and strategies approved by the Advisory Board, which is chaired by the Secretariat of the Office of the Judiciary.