THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat and Panitan Pruksakasemsuk, Baker McKenzie (Bangkok)
9.2 Alternative Dispute Resolution An arbitration clause as the choice of forum under Thai law is possible and enforceable. In matters related to labour law, such as wage pay - ments, severance pay, and damages for unfair termi - nation, the Thai labour court will maintain its jurisdic - tion over the case despite any arbitration clause. This is because the court views these issues as linked to public order. As a result, it is neither common nor rec - ommended to attempt arbitration for labour disputes. 9.3 Costs There is no court or official fee for filing a labour case with the court in the first place.
mutual settlement first. The labour court’s ruling can be further appealed to the Court of Appeal for Special - ised Cases with a special division for labour cases, but only on the legal issues in the case. Even though the ruling of the Court of Appeal can be further appealed to the Supreme Court, this rarely happens in practice since it would normally require the Supreme Court’s approval in the first place. The court does not generally accept class actions for a labour case. However, the labour court can consider consolidating all other complaints that have the same facts and issues (eg, termination cases concerning many similar employees of the same employer) into one case to expedite the process.
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