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Arbitration Act Section 11 — Arbitration agreement and writing
Arbitration Act (พระราชบัญญัติอนุญาโตตุลาการ) — Section 11.
Plain-English Summary
An arbitration agreement is an agreement to settle all or part of an existing or future dispute by arbitration, whether or not the dispute arises from a contract; it may be a clause in a main contract or a separate agreement. It must be evidenced in writing signed by the parties. An arbitration agreement is also deemed to exist where the terms appear in correspondence, fax, telegram, telex or an exchange of data with electronic signatures or other recorded means, or where one party asserts the agreement in a claim or defence and the other does not deny it. A written contract that refers to a document containing an arbitration clause, intending it to form part of the main contract, also counts.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Arbitration Act
พระราชบัญญัติอนุญาโตตุลาการ · B.E. 2545 (2002)
The Arbitration Act B.E. 2545 (2002) takes the UNCITRAL Model Law on international commercial arbitration as its main basis, according to the Act's explanatory note. It covers arbitration agreements, the tribunal, the conduct of proceedings, awards, setting aside an award, and the recognition and enforcement of awards made in any country (Section 41). An award made abroad is enforced by judgment only where it falls under a treaty, convention or international agreement to which Thailand is a party, and only as far as Thailand has bound itself. The Act refers to arbitral institutions only generically, as bodies set up to conduct arbitration (for example Sections 19 and 47). The Minister of Justice administers the Act (Section 10).
The summary above is a plain-English educational paraphrase of Section 11 of the Arbitration Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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