Thailand Law Library

by Thailand Lawyer

Chapter 7: Recognition and Enforcement of Awards

Subject to Section 42, Section 43 and Section 44, an arbitral award, irrespective of the country in which it was made, shall be recognized as binding on the parties, and upon petition to the competent court, shall be enforced.

In case where an arbitral award was made in a foreign country, the award shall be enforced by the competent court only if it is subject to an international convention, treaty, or agreement to which Thailand is a party. Such award shall be applicable only to the extent that Thailand accedes to be bound.

The party seeking enforcement of the arbitral award shall file an application with the competent court within three years from the day that the award is enforceable. After receipt of the application, the court shall promptly examine and give judgment accordingly.

The applicant for enforcement of the award shall produce the following documents to the court:

• Original or certified copy of the arbitral award;
• Original or certified copy of the arbitration agreement;
• Thai translation of the award and of the arbitration agreement by the translator who has taken an oath or who affirmed before the court or in the presence of an official or an authorized person, or certified by an official authorized to certify translations or by a Thai envoy or consul in the country where the award or the arbitration agreement was made.

The court may refuse enforcement of the arbitral award, irrespective of the country in which it was made, if the person against whom the award will be enforced furnishes proof that:

• A party to the arbitration agreement was under some incapacity under the law applicable to that party;
• The arbitration agreement is not binding under the law of the country agreed to by the parties, or failing any indication thereon, under Thai law;
• The party making the application was not given proper advance notice of the appointment of the arbitral tribunal or of the arbitral proceedings or was otherwise unable to defend the case in the arbitral proceedings;
• The award deals with a disputed not falling within the scope of the arbitration agreement or contains a decision on matter beyond the scope of the arbitration agreement. However, if the award on the matter which is beyond the scope thereof can be separated from the part that is within the scope of arbitration agreement, the court may set aside only the part that is beyond the scope of arbitration agreement or clause;
• The composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, if not otherwise agreed by the parties, in accordance with this Act; or
• The arbitral award has not yet become binding, or has been set aside or suspended by a competent court or under the law of the country where it was made. Save where the setting aside or suspension of the award is being sought from the competent court, the court may adjourn the hearing of this case as it thinks fit; and if requested by the party making the application, the court may order the party against whom enforcement is sought to provide appropriate security.

The court may dismiss the application for enforcement under Section 43 if it finds that the award involves a dispute not capable of settlement by arbitration under the law or if the enforcement would be contrary to public policy.

No appeals shall lie against the order or judgment of the court under this Act unless:

• The recognition or enforcement of the award is contrary to public policy;
• The order or judgment is contrary to the provisions of law concerning public policy;
• The order or judgment is not in accordance with the arbitral award;
• The judge who sat in the case gave a dissenting opinion; or
• The order is an order concerning provisional order measures for protection under Section 16.

The appeal against the courts order or judgment under this Act shall be filed with the Supreme Court or the Supreme Administrative Court, as the case may be.