THAILAND Trends and Developments Contributed by: Pisut Attakamol, Wasin Lertwalaipong, Pumma Doungrutana and Kosit Prasitveroj, Baker McKenzie
Baker McKenzie 195 One Bangkok Tower 4 30th–33rd Floors Wireless Road Lumphini Pathum Wan Bangkok 10330 Thailand Tel: +66 2636 2000 Fax: +66 2636 2111 Email: bangkok.info@bakermckenzie.com Web: www.bakermckenzie.com
The Current Administrative Court’s Scope of Judicial Review Over Arbitration Relating to an Administrative Contract Dispute Introduction In 2026, the Thai government has continued to launch a number of projects that are open to private-sector participation. These range from ordinary public pro - curement projects to large-scale public-private part - nership (PPP) projects involving substantial invest - ment. Entering into a contract with a state entity entails a range of complex considerations, including the mech - anisms available for resolving disputes. As a result, private parties frequently consider arbitration as an alternative to court proceedings. However, arbitration is not necessarily a straightfor - ward option, particularly in the context of adminis - trative contract, which is governed by a distinct legal regime with unique substantive and procedural requirements. In particular, the Administrative Court, which has jurisdiction over disputes arising from administrative contracts, has developed important judicial guidance regarding the use of arbitration in such disputes. This article provides an overview of arbitration involv - ing administrative contracts in Thailand and examines the Administrative Court’s current approach to review - ing arbitral awards in such disputes. It highlights the key legal and practical considerations that the private
parties should take into account when resolving dis - putes with state entities. Arbitration and Administrative Contracts in Thailand Not every contract entered into with a state entity con - stitutes an administrative contract. Influenced signifi - cantly by the French legal system, an administrative contract is a special category of contract associated with the provision of public services and the exercise of public functions. Section 3 of the Act on Estab - lishment of Administrative Courts and Administrative Court Procedure BE 2542 (1999) (ACPA) sets out the elements of an administrative contract as follows. Party element At least one party must be an administrative agency or a person acting on behalf of the State, such as a min - istry, government department or statutory state enter - prise. A state-owned company may also be regarded as an administrative agency where it exercises public authority or acts in a sovereign capacity. Subject-matter element Section 3 of the ACPA identifies several categories of administrative contracts, including: • concession contracts; • contracts for the provision of public services; • contracts relating to public utilities; and • contracts concerning the exploitation of natural resources.
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