Page 133 - Introduction to Investment Laws in Thailand

In principle, within thirty days as from the date of receipt of the
award, any party to the dispute may file a motion requesting the arbitral
tribunal to correct the award for any errors or to give an interpretation or
165
clarification of any point or part of the award .
The Arbitration Act provides for recourse against the arbitration
award in certain circumstances. Any party to the dispute may file with the
Court a motion for setting aside an arbitral award within ninety days as
from the date of receipt of a copy of the award. The Court shall set aside
the award in the following cases:

(1) the party making the application furnishes proof that:

(a) a party to the arbitration agreement was under some
incapacity under the law applicable to that party;

(b) the arbitration agreement is not binding under the law
of the country to which the parties have agreed or, in the case of
no such agreement, under the law of Thailand;
(c) the party making the application for setting aside the
award was not given proper prior notice of the appointment of
the arbitral tribunal or of the arbitral proceedings or was
otherwise unable to present his case in the arbitral proceedings;
(d) the award deals with a dispute not falling within the
scope of the arbitration agreement or the award contains
decisions on matters beyond the scope of the agreement for
submission of the dispute to the arbitral tribunal, provided that, if
the award which contains decisions on the matters beyond such
scope can be separated from the part of the award which contains
decisions on matters falling within the scope, the Court may set
aside only that part of the award which contains decisions on
matters beyond the scope of the arbitration agreement or of such
agreement; or

165 Section 39 Arbitration Act 2002

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