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Arbitration Act Section 34 — Applicable law
Arbitration Act (พระราชบัญญัติอนุญาโตตุลาการ) — Section 34.
Plain-English Summary
The tribunal decides under the law the parties choose; a reference to a country's law means its substantive law unless stated otherwise. If the parties chose no law, the tribunal applies Thai law, except that where a conflict of laws arises it applies the conflict rules it considers appropriate. It may decide on the basis of good faith and fairness only if the parties expressly so authorise. It must follow the contract terms and, in commercial disputes, take account of trade usage.
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 34 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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