Arbitration is an alternative to going to court after Thailand signed with both Geneva and New York Convention. It is a common practice to sign an arbitration agreement or to include the arbitration clause in the basic agreement within international commercial relations. It should also be mentioned here that arbitration always is not the final solution. In many cases, arbitration is not allowed in contracts between public and private organizations. Arbitration may also not be used in case of IP, labor, family or certain criminal conflicts.
It is on the parties to decide and choose one or more persons to decide and resolve the dispute. This can be a foreigner person. As long as the governing law is not Thai law, there is no need to enforce the decision in Thailand. There are two Thai institutes authorized and established to support this process. The Thai Arbitration Institute of the Alternative Dispute Resolution Office (TAIADRO) and the International Chamber of Commerce (ICC) can also be approached.
If you talk about Thailand, both Thai and International arbitral awards are enforceable. However, it is worth mentioning here that it will only be the case if the country in which the arbitral award was taken is also a member of either one or two conventions.
There is always a right to appeal to the parties. If either of the parties likes to revoke the award, this has to be done within 90 days before the court of the country where the award was granted or issued. The award will not be enforceable anywhere till the final verdict of the court. If on the other hand one of the parties would refuse to comply with the decision of the arbiter, the Thai courts will be qualified to enforce the award.
If the contesting party can proof the said following points, the Thai court may revoke or refuse enforcement.
These are some of the cases where the Thai court may revoke or refuse the enforcement. If you have to deal with an arbitration dispute, you may contact us. We are a team of legal and accounting professionals. We will help you pass through the arbitration process conveniently. You may also contact us for a free consultation.
Foreign Business License
US Treaty Of Amity
Thailand Work Permit
Closing a Thai Company