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Arbitration Act Section 20 — Challenging an arbitrator
Arbitration Act (พระราชบัญญัติอนุญาโตตุลาการ) — Section 20.
Plain-English Summary
Section 19 requires arbitrators to be impartial and independent, to have the agreed qualifications and to disclose facts that could raise doubt; a party cannot challenge an arbitrator it appointed unless it neither knew nor should have known the ground when appointing. Under Section 20, unless the parties agree otherwise, the challenge is filed in writing with the tribunal within fifteen days of learning of the appointment or the Section 19 facts, and the tribunal may extend that period by up to fifteen days. If the challenge fails, or there is a sole arbitrator, the challenging party may apply to the court within thirty days of receiving notice of the decision, or from the date it learned of the appointment or the facts, as the case may be. The proceedings may continue while the court decides, unless the court orders otherwise.
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 20 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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