THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
14. Outlook 14.1 Proposals for Dispute Resolution Reform While there are periodic amendments to portions of the Civil Procedure Code that affect the way civil cases are handled by the courts, there are currently no proposals for significant dispute resolution reform on the horizon. 14.2 Growth Areas There is no single area of growth for commer- cial disputes in Thailand. However, the authors anticipate an increase in construction-related disputes. To stimulate the economy after the COVID-19 pandemic, the Thai government has promoted various infrastructure projects in dif- ferent sectors. With increased investment and activity on these projects, comes increased potential for commercial disputes, particularly those related to construction. As the agreements for these projects will typically include an arbitra- tion clause, the authors anticipate that this will lead to an increase in the number of commer- cial disputes arising out of these projects being submitted to arbitral tribunals, both in Thailand and elsewhere.
• the party against whom the award was sought was not given notice of the arbitration proceedings in time to present its case, or was not properly represented in the proceed- ings; • the award does not deal with all the disputes submitted to arbitration or contains a decision on matters beyond the scope of the arbitra- tion agreement; • the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the parties’ agreement or, if not agreed by the parties, in accordance with the Arbitra- tion Act; • the award has been annulled in the country in which it was rendered; or • the enforcement of the award would be con- trary to public policy (referred to as “public order or good morals” in the Arbitration Act). 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Both domestic and foreign arbitral awards have the same enforcement procedure, as follows. • A party seeking to enforce an arbitral award may file a request with a competent court within three years of the award becoming enforceable. • Applicants for an enforcement of an arbitral award must produce: (a) the original award or a certified copy; (b) the original arbitration agreement or a certified copy; and (c) Thai translations of the award and arbitra- tion agreement certified by a sworn trans- lator, an authorised officer, a diplomatic delegate, or a Thai consul.
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