The following Arbitration guidance note Produced in partnership with Vanina Sucharitkul of International Arbitrator, Court Member (Thailand) International Court of Arbitration of the ICC, Attorney-at-Law (California) provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to arbitration in Thailand.
Note: Thai court judgments referred to in this Practice Note are not reported by LexisNexis® UK.
The Arbitration Act 2002 (B.E. 2545) (AA 2002) governs all arbitrations seated in Thailand, both domestic and international. AA 2002 is based substantially on the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law), but with some minor differences, including that:
arbitrators may face civil liability for performing their duties if they performed wilfully and grossly negligently causing damage to any of the parties (AA 2002, s 23)
arbitrators who demand or accept benefits without lawful justification are subject to criminal penalties and civil liabilities (AA 2002, s 23)
the Model Law does not address arbitrators' liability, and
a government agency and a private party may agree to settle their contractual dispute by arbitration, irrespective of whether or not the contract is an administrative contract (AA 2002, s 15)
The Thai Arbitration Institute (TAI), established in 1990 under the Office of the Judiciary of the Ministry of Justice, is the main arbitration body in Thailand. Following the enactment of AA 2002, the TAI published new arbitration rules effective 2 May 2003 (the TAI Rules 2003). On 30 December 2016, the TAI published updated arbitration
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