THAILAND Law and Practice Contributed by: Phatsawat Siwawej, Piyachon Jiraratmethakorn and Ketsirin Wisetwatcharawong, Weerawong C&P
On the other hand, the TAI, while maintaining a single set of arbitration rules, has been comparatively active in fostering co-operative relationships and entering into memorandums of understanding with both pri - vate and public organisations. The TAI, having had a longstanding presence in the sector since its estab - lishment in 1990, is well known for the expertise of its staff, its well-established procedural framework and its comparatively lower administrative fees. Importantly, the TAI has continuously developed its online services to enhance the efficiency and convenience of arbi - tration proceedings and promoted the use of online hearings. As a result, the TAI continues to develop as a modern arbitral institution and gain increasing rec - ognition and acceptance among both domestic and international users. Without consolidated public official records on interna - tional arbitration, it is difficult to definitively determine which arbitral institution is the preferred choice for international arbitration in Thailand. Both institutions are currently undergoing review of their arbitration rules. The resulting amendments to their arbitration rules remain to be seen, and it is yet to be determined which of the institutions will be introducing a more welcome change. No new arbitral institutions were established in 2025– 26. 1.4 National Courts According to the Arbitration Act BE 2545 (2002) (the “2002 Arbitration Act”) the following courts, subject to their jurisdictions, are capable of adjudicating dis - putes pertaining to both international and domestic arbitration: • the Central Intellectual Property and International Trade Court; • the Regional Intellectual Property and International Trade Court; • a court where the arbitral proceedings were under - taken within its jurisdiction; • a court where either party has established domicile within its jurisdiction; and • a court that has jurisdiction over a dispute submit - ted to arbitration.
Generally, the Central Intellectual Property and Inter - national Trade Court is recognised as a court whose judges possess extensive expertise in international disputes and complex commercial matters. There - fore, where issues arising from arbitration proceed - ings require judicial intervention, parties often choose to bring such matters before the Central Intellectual Property and International Trade Court.
2. Governing Legislation 2.1 Governing Law
Thai legislation, particularly the 2002 Arbitration Act, as amended by the Arbitration Act BE 2562 (2019) (the “Thai Arbitration Law”), governs both international and domestic arbitration within Thailand and makes no distinction between the two. The Thai Arbitration Law is based largely on the text of the UNCITRAL Model Law on International Commercial Arbitration (1985). However, Thailand has not adopted the amendments introduced by the UNCITRAL in 2006 (the “Model Law”). As it stands, the Thai Arbitration Law diverges from the Model Law in the following respects. • its scope of application is not limited to interna - tional commercial arbitration; • if the parties fail to reach an agreement on the number of arbitrators, a sole arbitrator shall be appointed; • it lacks provisions on interim measures and pre - liminary orders granted by the arbitral tribunal, as adopted by the Model Law in 2006; • it permits the parties to request court-ordered interim measures prior to the commencement of arbitral proceedings, provided they commence arbitration within 30 days following the granting of such measures; • it expressly provides arbitrators with immunity from civil liabilities, except in cases where they cause damage to either party wilfully or as a result of gross negligence; • it stipulates a three-year limitation period to apply for enforcement of an arbitral award from the date it becomes enforceable (Section 41, the Thai Arbi - tration Law); and • lastly, it bestows on the presiding arbitrator the authority to independently issue an award, order or
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