Yes, provisional relief in arbitration is available from the courts

under the Arbitration Act 2002 and the Civil Procedure Code (“CPC”).

Details are given below.

 

 

The court may order the same forms of provisional relief with

respect to arbitration proceedings as it is empowered to order with

respect to litigation proceedings (section 16 of the Arbitration Act 2002).

 

The provisional relief available in Thai litigation is described in

sections 253, 254 and 264 of the CPC:

 

• deposit of money or provision of other security for the payment

of costs and expenses (section 253);

• pre-judgment seizure or attachment of the property in dispute or

the defendant’s property, including money or property due to

the defendant from a third party (section 254);

• a temporary injunction restraining the defendant from repeating

or continuing any wrongful act or breach of contract or the act

complained of, or any other order minimizing the trouble and

injury which the plaintiff may thereafter sustain due the

defendant’s actions (section 254);

• a temporary injunction restraining the defendant from

transferring, selling, removing, or disposing of the property in

dispute or the defendant’s property, or stopping or preventing

the waste or damage of such property (section 254);