Thailand Law Library

by Thailand Lawyer

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is deemed expedient to reform the law concerning arbitration.

Be it, therefore, enacted by the King, by and with the advice and consent of the Parliament as follows:

This Act shall be called the "Arbitration Act B.E. 2545".

This Act shall come into force as from the day following the date of its publication in the Government Gazette.* [29th April 2002]

The Arbitration Act B.E. 2530 (1987) shall be repealed.

Whenever a reference is made by any law to the provisions of the Civil Procedure Code relating to out-of-court arbitration, such reference shall be deemed to have been made to this Act.

Under this Act:

• "Arbitral Tribunal" means a sole arbitrator or a panel of arbitrators;
• "Court" means any organization or institute that has judicial power under the laws of the country in which the court is established;
• "Claim" includes a counterclaim, except the claims under Section 31(1) and Section 38 paragraph two (1);
• "Defense" includes an answer to counterclaim, except the answer to counterclaim in Section 31(2) and Section 38 paragraph two (1).

Subject to Section 34, where the provisions of this Act empower the parties to determine any issue, the parties may authorize a third party or institution to make that determination on their behalves.

Where a provision of this Act stipulates that any fact shall be or may be agreed by the parties, or in any other way refers to an agreement between the parties, such agreement shall include any arbitration rules referred to in the agreement.

Unless otherwise agreed by the parties, any written communication sent under this Act is deemed to have been received by the addressee if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address as specified therein; or if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressees last-known place of business address, habitual residence or mailing address by a registered letter or certified registered case of domestic mail, or sent by any other means which provides a record of the attempt to deliver it.

The provisions of this Section do not apply to the service of documents court proceedings.

In the event that any party who knows that any provision of this Act from which the parties may delegate or any requirement under the arbitration agreement has not been complied with, if that party still proceeds with the arbitration without stating his objection to the other non-complying party within a reasonable period of time or, within a time-limit provided thereof, it shall be deemed that the party have waived his right to object.

The competent court under this Act shall be the Central Intellectual Property and International Trade Court, or the regional intellectual property and international trade court, or a court where the arbitral proceedings are conducted, or a court in which either party is domiciled, or a court which has jurisdiction over the dispute submitted to arbitration, as the case may be.

The Minister of Justice shall take charge of this Act.