Thailand Law Library

by Thailand Lawyer

Chapter 5: Award and Termination of Proceedings

The arbitral tribunal shall decide the dispute in accordance with the governing law chosen by the parties. Any designation of law or legal system of a country shall be construed, unless otherwise expressed, as directly referring to the substantive law of the country and not to its conflict of laws rules.

Failing any designation by the parties, the arbitral tribunal shall decide the dispute in accordance with Thai laws, save where there is a conflict of laws, the arbitral tribunal shall apply the law determined by the principle of conflict of laws it considers appropriate.

The parties may determine that the arbitral tribunal shall decide the dispute in good faith and fair.

The arbitral tribunal shall decide the dispute in accordance with the terms of the contract and, in the case of a commercial dispute, shall take into account the usages of the trade applicable to the transaction.

Unless otherwise agreed by the parties, any awards, orders and rulings of the arbitral tribunal shall be made by a majority of vote. If a majority of votes cannot be obtained, the chairman of the arbitral tribunal shall solely issue an award, an order or a ruling.

The questions of procedure shall be decided by the chairman of the arbitral tribunal if so authorized by the parties or all members of the arbitral tribunal.

If, during the arbitral proceedings, the parties can settle the dispute, the arbitral tribunal shall terminate the proceedings. If requested by the parties and the arbitral tribunal considers that such settlement is not contrary to the law, the arbitral tribunal shall render an award accordingly.

An award on the agreed terms shall be made in accordance with Section 37 and such award shall enjoy the same status and effect as the award on the merits.

The award shall be made in writing and signed by members of the arbitral tribunal. In the arbitral proceedings with more than one arbitrator, the signatures of the majority shall suffice, provided that the reason for the omission of signature is stated.

Unless otherwise agreed by the parties, the award shall clearly state the reasons for making such decisions. However, it shall not prescribe or decide on any matters falling beyond the scope of the arbitration agreement or the relief sought by the parties, except an award rendered in accordance with the settlement agreement under Section 36, or the fixing of arbitration fees, expenses or remunerations of the arbitrator under Section 46.

The award shall state the date and place of arbitration in accordance with Section 26 paragraph one. The award shall be deemed to make at that place.

After the award is made, the arbitral tribunal shall send a copy of the award to all parties.

The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with paragraph two.

The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:

• The claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute;
• The parties agree on the termination of the proceedings;
• The arbitral tribunal finds that the continuation of the proceedings has for any reason become unnecessary or impossible.

Subject to the provisions of Sections 39 and 40 paragraph four, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings.

Unless otherwise agreed by the party, within thirty days of receipt of the award:

• A party may file a motion requesting the arbitral tribunal to correct any error in computation, any clerical or typographical errors or any insignificant error in the award, provided that a copy of the motion be submitted to the other party for information; or
• If so agreed by the parties, a party may file a motion with the arbitral tribunal to give an interpretation or explanation of a specific point or part of the award. A copy of the said request shall be submitted to other party.

If the arbitral tribunal considers the motion referred to in (1) and (2) of this Section is justified, it shall make the correction or give the interpretation within thirty days of receipt of the motion. The interpretation or explanation shall form part of the award.

The arbitral tribunal may correct any error or mistake referred to in (1) of this Section on its own initiative within thirty days of the date of the award.

Unless otherwise agreed by the parties, a party, with notice to the other party, may file a motion with, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings omitted from the award. If the arbitral tribunal considers the motion is justified, it shall make the additional award within sixty days of receipt of the motion.

The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation, explanation or an additional award under paragraphs two and four of this Section.

The provisions of Section 37 shall be applied to the correction, interpretation, and explanation of the award. They shall also apply to an additional award.