Page 134 - Introduction to Investment Laws in Thailand

(e) the composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties to the dispute or, in the case where the parties to the
dispute have not otherwise agreed, such composition was
contrary to this law.

(2) It is apparent to the Court that:
(a) the award deals with the subject-matter which is not
capable of settlement by arbitration under the law; or

(b) the recognition or enforcement of the award shall be
contrary to public order or good morals.

The Court may adjourn the setting aside proceedings as it deems
appropriate in order to for the arbitral tribunal to resume the proceedings
or to take such other action as in the arbitral tribunal’s opinion will
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eliminate the grounds for setting aside .
Concerning the enforcement of the arbitral award, the party seeking
enforcement of the arbitral award shall file with the competent Court a
motion within three years as from the date on which the award is
enforceable. The Court shall expeditiously conduct an inquiry and render
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judgment .
The Court is empowered to issue an order refusing enforcement of an
arbitral award, irrespective of the country in which it was made, if the
party against whom it is invoked furnishes proof that:

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

(2) the arbitration agreement is not binding under the law of the
country to which the contractual parties have agreed or, in the case of no
such agreement, under the law of the country where such award was
made;

166 Section 40 Arbitration Act 2002
167 Section 42 Arbitration Act 2002

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