Page 132 - Introduction to Investment Laws in Thailand
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A party to an arbitration agreement may file a motion requesting the
Court to issue an order imposing an interim measure for protecting his/her
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interests before or during the arbitration proceedings .
An arbitral tribunal shall consist of arbitrator(s) in an odd number. In
case of disagreement regarding the appointment, a party to arbitration
agreement may file with the Court a motion for an order appointing the
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arbitrator(s) or chairman of the arbitral tribunal . The Arbitration Act as
modified in 2019 recognises the possibility of the parties to the dispute on
an appointed foreigner(s) as arbitrator(s) for the arbitration proceedings in
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Thailand .
The arbitral tribunal shall decide the dispute in accordance with the
rules agreed by the parties as applicable to the substance of the dispute. In
the case of absence of designation of the law applicable to the substance
of the dispute, the arbitral tribunal shall decide the dispute in accordance
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with the law of Thailand . Unless otherwise agreed by the parties, an
award, order and decision of the arbitral tribunal shall be by a majority of
votes.
The arbitral proceedings are terminated by the final award or by an
order of the arbitral tribunal in the following cases:
1) the claimant withdraws his claim, unless the respondent objects
thereto and the arbitral tribunal recognises a legitimate interest on the part
of the respondent in obtaining a decision on the points at issue in the
dispute;
2) the parties to the dispute agree on the termination of the
proceedings;
3) the arbitral tribunal finds that the continuation of the
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proceedings has become unnecessary or impossible .
160 Section 16 Arbitration Act 2002
161 Section 18 Arbitration Act 2002
162 Section 23/1 Arbitration Act 2002
163 Section 34 Arbitration Act 2002
164 Section 38 Arbitration Act 2002
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