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Arbitration has become a preferred dispute-resolution method for parties seeking a binding decision without undergoing lengthy public litigation. In Thailand, arbitration is widely recognized and supported by legislation, offering a confidential and streamlined process particularly suited for commercial, construction, international trade, investment, and cross-border disputes. BASE Law Firm advises clients at every stage of this private adjudicatory process, whether as claimants or respondents.
Parties often select arbitration for several practical reasons:
Whether arbitration is chosen through a contractual clause or invoked once a dispute arises, BASE Law Firm ensures the process remains efficient and strategically advantageous.
Arbitration in Thailand is governed primarily by the Arbitration Act B.E. 2545 (2002). The Act allows disputes to be arbitrated either inside Thailand or abroad, depending on what the parties agree. Arbitration agreements may appear as clauses in commercial contracts, purchase agreements, joint ventures, partnership agreements, construction contracts, or may be executed separately when a dispute surfaces.
Arbitration proceedings may be administered by local or international institutions, including:
The chosen institution’s rules will govern most aspects of the proceedings, including appointment of arbitrators, submission timelines, procedural requirements, and final award issuance.
Although arbitration rules vary by institution, the general progression includes:
A party files a request for arbitration, identifying the dispute, the relief sought, and the arbitration agreement.
Depending on the rules and complexity of the case, one or three arbitrators may be appointed. Parties have the right to participate in the selection to ensure neutrality and competence.
The tribunal and parties jointly determine timelines, discovery scope, hearing format, and the applicable governing law.
Each party files written statements (claims, defenses, counterclaims) supported by evidence, expert opinion, witness statements, or documentation.
Hearings may be conducted in person, remotely, or in hybrid form. Parties examine witnesses, present evidence, and respond to tribunal questions.
The arbitral tribunal issues a binding decision. Awards can be enforced through Thai courts, and foreign arbitral awards are enforceable under international conventions.
Thai courts support the enforcement of arbitration awards unless a narrow ground for refusal exists. Challenges may arise in limited circumstances, including:
BASE Law Firm assists clients with both enforcement and defense against enforcement applications, ensuring compliance with procedural requirements under the Arbitration Act.
A substantial proportion of arbitration involving Thai businesses includes foreign parties or foreign governing law. BASE Law Firm provides guidance on:
Our firm acts as counsel, co-counsel, or local liaison depending on the jurisdiction and complexity of the international framework.
We represent clients in every phase of the arbitration process, offering:
Our approach prioritizes efficiency, practicality, and protection of commercial interests.
Arbitration provides a flexible, confidential, and enforceable avenue for resolving complex disputes. With extensive experience across arbitration institutions and industries, BASE Law Firm ensures that clients receive strategic, well-prepared, and effective advocacy from the outset of the dispute through to the final enforcement of an award.
For guidance on arbitration or to discuss your dispute, contact BASE Law Firm for informed and professional assistance.
