Thailand Law Library

by Thailand Lawyer

Chapter 2: Arbitral Tribunal

The arbitral tribunal shall be composed of an uneven number of arbitrators.

If the parties have agreed on an even number, the arbitrators shall jointly appoint an additional arbitrator who shall act as the chairman of the arbitral tribunal. The procedure of appointing the chairman shall be in accordance with Section 18 paragraph one (2).

If the parties fail to reach an agreement on the number of arbitrators, a sole arbitrator shall be appointed.

Unless otherwise agreed upon by the parties, the procedure for appointment of the arbitral tribunal shall be as follows:

• Where the arbitral tribunal shall be a sole arbitrator, if the parties are unable to agree on the arbitrator, either party may file a motion with the competent court requesting an appointment of the arbitrator.
• Where the arbitral tribunal shall consist of more than one arbitrator, each party shall appoint an equal number of arbitrators; and the appointed arbitrators shall appoint an additional arbitrator. If either party fails to appoint the arbitrator within thirty days after receipt of the notification from the other party or if the party appointed arbitrators are unable to jointly appoint the chairman of the arbitral tribunal within thirty days from the date of their appointment, either party may file a motion with the competent court requesting an order appointing the arbitrator or the chairman of the arbitral tribunal.
• If, pursuant to the appointment procedures under paragraph one, no other procedures for successful appointment of arbitrators are provided, either party may file a motion with the competent court to appoint the arbitrator as it deems appropriate in the following cases:
• A party fails to act as required under such procedure;
• The parties, or the party appointed arbitrators, are unable to reach an agreement expected of them under such procedure; or
• A third party, including an institution, fails to perform any function entrusted to it under such procedure.

An arbitrator shall be impartial, independent and possess the qualifications prescribed in the arbitration agreement; or if the parties agree to submit the dispute to an institution established for the purpose of administrating arbitration, the arbitrator shall have the qualifications prescribed by the institute.

A prospective arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.

An arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. No party shall challenge the arbitrator whom he has appointed or in whose appointment he has participated, except where the said party did not become aware of or could not have become aware of the grounds for challenge at the time of his appointment.

Unless otherwise agreed by the parties, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the appointment of the arbitrator or of the fact stipulates in Section 19 paragraph three, file a statement stating the grounds of the challenge with the arbitral tribunal. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

If a challenge under any procedure agreed upon by the parties or under paragraph one is unsuccessful, the challenging party may request the competent court to decide on the challenge, within thirty days after having received notice of the decision rejecting the challenge, or the date of knowing of the appointment of the arbitrator or the date of knowing of the facts as provided in Section 19 paragraph three, as the case may be. After examination of the challenge, the court shall issue an order accepting or dismissing the challenge. Unless the court orders otherwise, while such request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

Where necessary, the arbitral tribunal may extend the period for the challenge of arbitrator under paragraph one by not more than fifteen days.

An arbitrator ceases office upon death.

If any person who will be or has been appointed as an arbitrator is unable to perform his duties, whether by refusing to accept his appointment, being subject to an absolute receivership, being adjudicated incompetent or quasi-incompetent, or failing to perform his duties within a reasonable time for other causes, he shall cease to be an arbitrator upon his withdrawal or by mutual agreement between the parties. However, if there is a disagreement as to such causes, either party may, by motion, request the competent court to decide on the termination of the arbitrators status as such. Subject to the provisions of paragraph two or Section 20 paragraph one, the fact that an arbitrator withdraws from his office or that the parties mutually agree on the termination of the status of an arbitrator does not constitute an acceptance of the cause referred to in paragraph two or Section 19 paragraph three.

Where the mandate of an arbitrator terminates under Sections 20 or 21 or because of his withdrawal from office, or because of the revocation of his mandate by agreement of the parties or in any other cases of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

An arbitrator shall not be liable for any civil liabilities on any act performed in the course of his duty as an arbitrator, unless it is performed wilfully or with gross negligence causing damage to either party.

Any arbitrator wrongfully demanding, accepting or agreeing to accept an asset or any other benefit for himself or anyone else for doing or omitting to do any act in his duties shall be subjected to imprisonment for not more than ten years or a fine not exceeding one hundred thousand baht, or both.

Whoever giving, offering or agreeing to give an asset or any other benefit to an arbitrator to induce him to do or omit to do any act or to delay an act that is contrary to his duties shall be subjected to imprisonment for not more than ten years or a fine not exceeding one hundred thousand baht, or both.