Thailand Law Library

by Thailand Lawyer

Chapter 4: Arbitral Proceedings

In the arbitral proceedings, the parties shall be treated with equality and shall be given a full opportunity of presenting their cases in accordance with the circumstances of the dispute.

Unless otherwise agreed by the parties or provided by this Act, the arbitral tribunal shall have the power to conduct any proceedings in any manner, as it deems appropriate. The arbitral tribunal’s power shall include the power to determine the admissibility and weight of the evidence.

For the purposes of this Chapter, the arbitral tribunal shall apply the provisions on the law of evidences under the Code of Civil Procedure to the proceedings mutatis mutandis.

The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

The arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, hearing of witnesses including experts witnesses or the parties, for inspection of materials, places or documents.

For settlement of dispute by arbitration, it shall be deemed that a dispute is submitted to arbitration under Section 193/14 (4) of the Civil and Commercial Code and the arbitral proceedings have commenced in one of the following circumstances:

• When a party receives a letter from the other party, requesting that the dispute be settled by arbitration;
• When a party notifies the other party in writing to appoint an arbitrator or to approve the appointment of an arbitrator;
• When a party send a written notice of the disputed issues to the arbitral tribunal designated in the arbitration agreement;
• When either party submits the dispute to an agreed arbitration institution established for settlement of disputes by arbitration as has been agreed upon.

The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any statement of claim, statement of defense, any written statement by a party, any hearing, and any award, decision or other communications by or to the arbitral tribunal.

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into language or languages agreed upon by the parties or determined by the arbitral tribunal.

Unless otherwise agreed by the parties, within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief sought, and the respondent shall state his defense in the statement of defense. The parties may submit the relevant documents or list of evidence describing the documents or other evidence that they purport to adduce.

Unless otherwise agreed by the parties, either party may amend or supplement his claim or defense during the course of the arbitral proceedings, except the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted solely on the basis of documents or other evidences.

An arbitral tribunal shall have the power to take evidence, as provided in paragraph one, at any stage during the cause of proceedings as it thinks fit if so requested by a party, save where the parties have agreed that no evidence shall be adduced orally or in writing.

The arbitral tribunal shall communicate to the parties a sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of materials, places or documents.

All statement of claim, statement of defense, a statement of request, documents or any other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Any report of expert witness or documentary evidence on which the arbitral tribunal may rely in making its decision shall also be communicated to the parties.

Unless otherwise agreed by the parties, the arbitral tribunal shall proceed as follows:

• Terminate the proceedings if the claimant fails to communicate his statement of claim in accordance with Section 29 paragraph one;
• Continue the proceedings without treating such failure in itself as an admission of the claimants allegations, if the respondent fails to communicate his statement of defense in accordance with Section 29 paragraph one;
• Continue the proceedings and make the award on the evidence before it if any party fails to appear at a hearing or to produce documentary evidence.

The arbitral tribunal shall have the power to carry out any examination as it considers appropriate before proceeding in accordance with paragraph one, including reasons for the respondents failure to file the statement of defense or failure to appear, as the case may be.

Unless otherwise agreed by the parties, the arbitral tribunal may proceed as follows:

• Appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal;
• Require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, materials or places for his inspection.

Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing in order that the parties may have an opportunity to ask questions or to present his own expert witnesses.

The arbitral tribunal, an arbitrator or a party may, with the consent of the majority of the arbitral tribunal, request from a competent court to issue a subpoena or an order for submission of any documents or materials.

If the court is of the opinion that such proceedings could have been carried out by the court if a legal action were brought, it shall proceed in accordance with the motion, provided that the provisions of the Civil Procedure Code in the part relating to such proceedings shall apply mutatis mutandis.