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Arbitration Act Section 40 — Setting aside an award
Arbitration Act (พระราชบัญญัติอนุญาโตตุลาการ) — Section 40.
Plain-English Summary
A party may apply to the competent court to set aside an award within ninety days of receiving a copy of the award, or, where correction, interpretation or an additional award was requested, from the date the tribunal dealt with that request. The court may set aside an award if the applicant proves incapacity of a party, an agreement not binding under the chosen law (or Thai law), lack of proper notice or inability to present its case, a decision beyond the scope of the agreement or submission (setting aside only the excess part if separable), or a tribunal composition or procedure contrary to the parties' agreement or the Act; or if the court finds that the dispute is not arbitrable by law, or that accepting or enforcing the award would be contrary to public order or good morals. The court may adjourn to let the tribunal remove the ground. Setting aside is Section 40; enforcement is in Sections 41 and 42.
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 40 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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