THAILAND Law and Practice Contributed by: Phatsawat Siwawej, Piyachon Jiraratmethakorn and Ketsirin Wisetwatcharawong, Weerawong C&P
(2010)). It may further render the composition of the arbitral tribunal and the arbitral proceedings unlaw - ful (Supreme Court Judgment No 3542/2561 (2018)), with the consequence that enforcement of the arbitral award would be contrary to public policy and good morals, thereby providing grounds for the court to set aside the award. Moreover, Section 23 of the Thai Arbitration Law holds the arbitrator liable for any civil actions that they con - duct in their capacity as arbitrator if: • such actions are carried out with the intention to cause harm; or • such actions result from gross negligence, thereby causing damage to any party involved in the arbi - tration. 7.4 Legal Representatives National legal representatives are not subject to any additional eligibility requirements, as the Thai Arbitra - tion Act does not prescribe specific qualifications for legal representatives in arbitral proceedings. They are not required to hold a lawyer’s licence. However, they should possess sufficient knowledge and understand - ing of the procedures and practices involved in con - ducting arbitration proceedings. However, the 2019 amendments to the 2002 Arbitra - tion Act allow for the appointment of foreigners as representatives in arbitration proceedings, provided that such foreign representatives meet the appropri - ate visa and/or work permit requirements in order to participate in arbitration proceedings in Thailand. 8. Evidence 8.1 Collection and Submission of Evidence Regarding domestic litigation, under the CPC, each of the parties is required to submit to the court a list of evidence they plan to use in their case within the timeline specified by the CPC, unless there are suf - ficient grounds for such party not being able to submit within the timeline specified. In essence, a list of evidence is a document itemising witnesses and evidence that a party intends to adduce
to the court. This serves the purpose of informing the opposing party in a timely manner about the docu - mentary evidence and witnesses that the presenting party intends to rely on. Per the CPC, parties must submit their initial list of evidence to both the court and the opposing party at least seven days before the date of the evidentiary hearing. Furthermore, any additional lists of evidence should be submitted no later than 15 days from the first hear - ing date. Any evidence that is not declared as part of an accepted list of evidence can be objected to by the court or challenged by the opposing party. Regarding evidence in their possession, parties must submit this evidence to the court and provide copies thereof to the opposing parties. Regarding evidence not in their possession, they can request the court to issue a subpoena. This subpoena directs the holder of the desired evidence to submit it to the court within a designated timeframe. Notably, documents intended to be used in the cross- examination process are exempt from being listed in the list of evidence, and they do not need to be sub - mitted to the opposing party in advance. This allows for some degree of flexibility and unpredictability in the cross-examination process. With respect to arbitration proceedings, since the Thai Arbitration Act provides that the arbitral tribunal may apply the provisions of the CPC relating to the rules of evidence, as appropriate, on a mutatis mutandis basis, the arbitral tribunal may order the parties to submit a list of supporting evidence in accordance with the principles under the CPC, as mentioned pre - viously. However, the arbitral tribunal also has discretion to determine whether and how such documents should be submitted, taking into account the circumstances of the case and the interests of fairness. This approach is consistent with the arbitration rules of both the TAI and THAC, which similarly grant the arbitral tribunal broad discretion in managing procedural matters.
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