Originally from Arbitration Law and Practice in Asia - Second Edition

Preview Page

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.