Page 131 - Introduction to Investment Laws in Thailand

6.2 Arbitration
Thai Civil Procedural Code provides for in-court arbitration which is
arbitration conducted while a case is pending before a Court of first
instance. The parties may agree to submit, wholly or in part, their disputes
to one or more arbitrator for settlement. In- court arbitration is not
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frequently used . This section will deal mainly with the out-of-Court
arbitration which is regulated by the Arbitration Act 2002.

6.2.1 Procedure
The Arbitration Act 2002 sets forth the same set of rules to govern
both domestic and international arbitration. The Act requires the
arbitration agreement to be in writing and signed by both parties. If a
clause is contained in any communications exchanged by the parties by
means of letters, facsimile, telegramme, telex or data interchange bearing
an electronic signature or by any other means by which such clause is
recorded or if a clause is alleged in statements of claim or defence and the
other party does not deny the existence thereof, it shall be deemed that an
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arbitration agreement has duly existed . In a contract between a state
agency and a private individual, whether it is an administrative contract
or not, the Arbitration Act also recognizes the possibility for the parties
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to agree on settling the disputes by arbitration
In case there exists an agreement to submit the dispute to an
arbitration, the Thai Court will refuse to hear the case. If a contractual
party institutes an action before the Thai Court, despite the existence of
such valid agreement, the other party is entitled to file with the Court a
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motion requesting an order for striking the case .

156 Baker McKenzie, Dispute Resolution Around the World: Thailand, 2011,
14
157 Section 11 Arbitration Act 2002
158 Section 15 Arbitration Act 2002
159 Section 14 Arbitration Act 2002

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