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Thai Arbitration Act: Applicability + Foreign Award Enforcement
Thailand's Arbitration Act B.E. 2545 (2002) is modelled on the UNCITRAL Model Law. Foreign arbitral awards are enforced under the New York Convention (Thailand acceded 1959). This guide covers the framework.
TL;DR
The Arbitration Act B.E. 2545 (2002) is modelled on the UNCITRAL Model Law on International Commercial Arbitration. Thailand acceded to the New York Convention in 1959; foreign arbitral awards are enforced via the Civil Court under Sections 41-45. Domestic arbitration is widely used in construction, supply, and licensing disputes. Thailand Arbitration Center (THAC, ศูนย์อนุญาโตตุลาการระหว่างประเทศแห่งประเทศไทย) and Thai Arbitration Institute (TAI, สถาบันอนุญาโตตุลาการ) are the principal institutions.
Arbitrability + Public Policy
- Most commercial disputes are arbitrable.
- Restrictions: criminal, family, certain administrative-public matters.
- Public policy ground for refusal (commonly narrow).
Award Enforcement Steps
- Petition Civil Court with award + arbitration agreement.
- Authentication / translation of foreign award.
- Court reviews against limited grounds (NY Convention Article V).
- Court enforces as a judgment.
Grounds for Refusal (Limited)
| Ground | Source |
|---|---|
| Incapacity | NYC Art V(1)(a) |
| Invalid arbitration agreement | NYC Art V(1)(a) |
| Lack of due process | NYC Art V(1)(b) |
| Beyond scope of submission | NYC Art V(1)(c) |
| Procedure / composition irregularities | NYC Art V(1)(d) |
| Not yet binding / set aside at seat | NYC Art V(1)(e) |
| Non-arbitrable subject | NYC Art V(2)(a) |
| Public policy | NYC Art V(2)(b) |
Common Mistakes
- Vague arbitration clauses (seat, rules, language unclear).
- Skipping mediation step where contract requires.
- Late challenge to jurisdiction (must be early per §22).
FAQs
1. Foreign arbitrators?
Permitted; visa rules and work-permit for in-Thailand sittings need attention.
Related Reading
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