Інформація має довідковий характер і не є юридичною консультацією. Перед угодою зверніться до ліцензованого юриста.
Закон про арбітраж B.E. 2545 (2002)
Arbitration Act B.E. 2545 (2002)
Інформація перевіряється та оновлюється щомісяця за офіційними джерелами.
Коротко
Дозволяє вирішувати спори у приватному арбітражі замість судів: рішення, зокрема іноземне за Нью-Йоркською конвенцією, визнається й виконується в Таїланді.
Section 11: Arbitration agreement form
An agreement to submit a dispute to arbitration must be in writing, signed by the parties, or contained in exchanged documents, telexes, faxes or electronic communications showing mutual intent. For property deals with Russian buyers, this clause should be built into the sale contract from the outset.
Section 14: Effect of an arbitration clause on court jurisdiction
If a dispute covered by a valid arbitration agreement is brought to court, the defendant may request dismissal in favor of arbitration before submitting a defense on the merits. Courts generally respect this and decline to hear the case, unless the agreement is void or unenforceable.
Section 15: Interim measures by the court
A party may ask the competent court for interim protection, such as freezing assets or preserving property, either before or during arbitral proceedings. This is particularly relevant for land or condo disputes where quick protection of a title or deposit is needed while arbitration is pending.
Section 17: Separability of the arbitration clause
An arbitration clause is treated as an independent agreement, separate from the main contract. If the underlying property or lease contract is later found void or terminated, the arbitration clause itself may still remain valid and enforceable for resolving disputes arising from it.
Section 20: Number and qualification of arbitrators
Parties are free to agree on the number of arbitrators; absent agreement, a sole arbitrator is appointed. For cross-border property disputes involving foreign investors, parties often choose an odd number of arbitrators with relevant real-estate or construction expertise.
Section 23: Grounds for challenging an arbitrator
An arbitrator may be challenged if circumstances raise justified doubts about impartiality or independence, or if they lack qualifications agreed by the parties. This protects foreign parties in property disputes from bias linked to local business or family connections of an appointed arbitrator.
Section 25: Procedure for challenge and replacement
A party wishing to challenge an arbitrator must submit written reasons to the arbitral tribunal within a set period after becoming aware of the grounds. If the challenge succeeds or the arbitrator withdraws, a substitute arbitrator is appointed following the original selection procedure.
Section 30: Place of arbitration
Parties may agree on the seat of arbitration; if not, the tribunal decides considering the case circumstances and convenience for the parties. For property matters, choosing a Thai seat (e.g., Bangkok or Phuket) can simplify enforcement against locally located real estate.
Section 34: Tribunal's power to order interim measures
Unless the parties agree otherwise, the arbitral tribunal may order any party to take interim protective measures it considers necessary regarding the subject matter of the dispute, such as securing a disputed property or preventing its transfer pending the final award.
Section 37: Form and content of the arbitral award
An award must be made in writing, signed by the arbitrator(s), and state the reasoning unless the parties agreed otherwise or it reflects a settlement. It should also note the date and place of arbitration, which becomes essential when registering title changes from the award.
Section 40: Grounds to set aside an arbitral award
A court may set aside an award if a party lacked capacity, the agreement is invalid, due process was denied, the tribunal exceeded its mandate, or the award conflicts with public order. This is a key safeguard when a property award is challenged in Thai courts.
Section 41: Time limit to apply for setting aside
An application to set aside an award must be filed with the competent court within ninety days from the date the applicant received a copy of the award. Missing this deadline generally forecloses challenging the decision, making prompt legal review essential for property investors.
Section 42: Recognition and enforcement of awards
An arbitral award, whether made in Thailand or abroad, is enforceable by Thai courts upon a written application, subject to conditions in the Act. This provision underpins enforcement against Thai land, condominium units, or leaseholds following a foreign-related arbitration outcome.
Section 43: Grounds to refuse enforcement
A Thai court may refuse to enforce an award for reasons similar to those for setting it aside, including incapacity, invalid agreement, procedural unfairness, excess of authority, or conflict with Thai public policy, protecting parties from unjust enforcement in property-related awards.
Section 45: Limited right of appeal against court decisions
Court decisions on the enforcement, recognition or setting aside of an award generally cannot be appealed, except in specific situations listed in the Act, such as conflict with public order. This finality supports faster resolution of cross-border property disputes.