Page 132 - Introduction to Investment Laws in Thailand
P. 132

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
                                                              160
                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
                        162
                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
                                      163
                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
                                                             164
                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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