THAILAND Law and Practice Contributed by: Phatsawat Siwawej, Piyachon Jiraratmethakorn and Ketsirin Wisetwatcharawong, Weerawong C&P
award is made, a copy is sent to all parties involved without any time limits on delivery specified. 10.2 Types of Remedies There are no specific limitations imposed on the types of remedies available under Thai law, as long as they do not contravene public order or the good morals of the people of Thailand. 10.3 Recovering Interest and Legal Costs Successful parties can recover interest and legal costs without significant restrictions. In the event that the enforcement is contested, the Thai courts may take a more conservative stance to reflect amounts more fitting to the local context – although they do not apply a cost-sharing approach. If these remedies align with Thai laws and do not contradict public order or good morals, they can be included in the enforcement of the award (Supreme Court Judgment No 2082/2562). Under the provisions of the Thai Arbitration Law, an arbitral award is not subject to appeal. Therefore, if a party is dissatisfied with the award, they may seek to challenge it by submitting a motion to set aside the award or refuse its enforcement. The grounds for setting aside the award and refusing its enforcement are generally similar. These grounds may include situations where the award involves a dis - pute that is not capable of settlement by arbitration, the enforcement of the award would be contrary to public policy, the award deals with a dispute that falls outside the scope of the arbitration agreement, or the composition of the arbitral tribunal or the conduct of the arbitral proceedings is not in accordance with the agreement of the parties. 11. Review of an Award 11.1 Grounds for Appeal After the court of first instance issues a judgment on the request for enforcement of an arbitral award, a dissatisfied party may have the option of appealing the judgment directly to the Supreme Court. However, the grounds for appeal are limited and include the fol - lowing:
• the recognition or enforcement of the award is contrary to public policy; • the order or judgment is contrary to provisions of law relating to public policy; • the order or judgment is not in accordance with the arbitral award; • the judge who presided over the case provided a dissenting opinion; or • the order pertains to provisional measures. 11.2 Excluding/Expanding the Scope of Appeal Under Thai law, the scope of appeal or challenge regarding arbitral awards cannot be limited or expand - ed by the parties. 11.3 Standard of Judicial Review The court’s review of an arbitral award during the enforcement stage is limited, and it does not gener - ally include a review of the merits of the case. How - ever, the firm found a few precedents where the court conducted a review of the merits because the court viewed that they were contradictory to public policies. In principle, and in most cases, however, the court shall deny the enforcement of an arbitral award only on specific grounds. Please refer to 11.1 Grounds for Appeal . Thailand has ratified the New York Convention. Con - sequently, arbitral awards issued in other countries that are also parties to either the 1927 Geneva Con - vention or the New York Convention are enforceable in Thailand. 12.2 Enforcement Procedure A party can apply for the enforcement of an arbitra - tion award at the competent court within three years from the date the award becomes enforceable by fil - ing a motion with the court along with the following documents: • an original or certified copy of the arbitral award; • an original or certified copy of the relevant arbitra - tion agreement; and 12. Enforcement of an Award 12.1 New York Convention
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