This article introduce you basic information about Thailand Arbitration which include overview, jurisdiction, governing law, Languages and Document and arbitration representative.

Arbitration is often used to resolve commercial disputes, particularly those involving international commercial transactions, that because business disputes not only needs a legal experts to deliver a judgment or decision in the case but also needs an expert on specialize business matters and international legal matter, particularly, the dispute over the international transactions which the parties are always wish to have their arbitration representative who understand the international law, also the impartial referees who delivers a decision in the dispute by the international law.

Moreover, the Arbitration used to resolve commercial disputes between an individual or business and a government agency, or between two government bodies.

Thailand Arbitration Institution (TAI) Overview

The TAI was founded in 1990 operates under supervision of the Ministry of Justice of Thailand and provides legal solutions to both public and private sectors by means of arbitration. The solution dispute is conducted according to Thai Arbitration Act B.E. 2545 (TAA) and International law for instance, UNCITRAL model law, UNCITRAL Arbitration Rules also New York Convention 1958, for instance.

Jurisdiction

To file the case to TAI the disputes parties required the Arbitration Agreement which means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.1

The arbitration agreement shall be in writing and signed by the parties. An arbitration clause constitutes an arbitration agreement if it is contained in an exchange between the parties by means of letters, facsimiles, telegrams, telex, data interchange with electronic signature, or other means which provide a record of the agreements, or in an exchange of statement of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other.

The references in a contract evidenced in writing to any document containing an arbitration clause constitutes an arbitration agreement, provided that the reference is such as to make that clause part of the contract.

Governing Law

All arbitration procedures of international trade disputes in Thai Arbitration Institute not only subject to Thai law but also the international law accordingly to the governing law which is chosen by the disputes parties but also international trade customs and laws, for instance, Rules and Regulation of International Chamber of Commerce (ICC) Arbitration Rules. As well as settlement procedure of International trade dispute which also subject to ICC Rules for Conciliation.2

Languages and Documentary

The disputing 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.3

Arbitration Representative

The UNCITRAL Arbitration Rules sets forth about the Arbitration Representation and Assistance, that the parties may be represented or assisted by persons of their choice for purposes of representation or assistance. Also, the Thai arbitration Act does’t required an attorney to act on behalf of the disputing parties. This is differ from the Court trial which the law required the license Attorney-at-law to be representative and act as a barrister in Court.4

Conclusion

Arbitration is a lawsuits from of alternative dispute resolution for purposes of commercial disputes both internal or International commercial transaction between individual and or business and or government agency or two government bodies. Our Arbitration lawyers are attorneys, barrister and French Solicitor who qualified master in business law. We provide full services to Thailand Arbitration from assignment, conduct and enforcement of the awards, languages and documentary are available in Thai English and French.

If you are in need of arbitration lawyers in Thailand or for further information about Thailand Arbitration, just visit dispute resolutions page or feel free to contact us at anytime.

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1 the Thai Arbitration Act B.E. 2545, Section 11
2 the Thai Arbitration Act B.E. 2545, Section 34
3 the Thai Arbitration Act B.E. 2545, Section 28
4 the UNCITRAL Arbitration Rules, Resolution  31/98 (1976), Article 4 and the Thai Arbitration Act B.E. 2545