Section Code: 0040


Given on the 23rd day of April B.E. 2545 (2002)
Being the 57th Year of the Present Reign.

Chapter 6: Challenge of Award

Section 40

Challenge of an arbitral award may be made a motion for setting aside to the competent court in accordance with this Section.

Within ninety days after receipt of a copy of the award or after the correction or interpretation or the making of an additional award, a party may file a motion for setting aside of the award with the competent court.

The court shall set aside the arbitral award in the following cases:

  1. a party who make the application is able to prove that:
    1. a party to the arbitration agreement is incapacity under the law applicable to that party;
    2. the arbitration agreement is not legally binding under the law to which the parties have agreed upon or, in the case where there is no such agreement, the law of the Kingdom of Thailand;
    3. a party who make the application was not delivered advance notice of the appointment of the arbitral tribunal or the hearings of the arbitral tribunal, or was otherwise unable to present his or her case;
    4. the award deals with a dispute not falling within the scope of the arbitration agreement or contains decisions on matters beyond the scope of the submission to arbitration. If the decisions on matters submitted to arbitration could be separated from those not so submitted, only the part of award which contains decisions on matters not submitted to arbitration may be set aside by the Court; or
    5. the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, in the case where there is no such agreement, was not in accordance with this Act;
  2. it appears to the Court that:
    1. the award deals with the dispute which shall not be settled by arbitration under the law; or
    2. the recognition or enforcement of the award is contrary to public order or good morals.

In considering a request for setting aside an award, if the parties so requested and the Court thinks fit, the Court may suspend the setting aside proceedings for a period of time as it deems appropriate in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take other actions which, in the opinion of the arbitral tribunal, would eliminate the grounds for setting aside.