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Arbitration Act Section 14 — Court case struck off in favour of arbitration
Arbitration Act (พระราชบัญญัติอนุญาโตตุลาการ) — Section 14.
Plain-English Summary
If a party sues on a dispute covered by an arbitration agreement without referring it to arbitration, the defendant may apply to the competent court, no later than the date of filing the answer or within the time allowed for answering, for an order striking the case off the docket (จำหน่ายคดี) so the parties go to arbitration. After a hearing, the court strikes the case off unless the agreement is void, unenforceable or impossible to perform. This is a striking-off, not a stay. While the application is pending, arbitration may be started or continued and an award made.
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 14 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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