Page 135 - Introduction to Investment Laws in Thailand

(3) the party against whom the award is invoked 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;

(4) 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 enforce that part of the award which contains decisions on matters
falling within the scope of the arbitration agreement or of such agreement;
( 5) 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 so agreed,
was not in accordance with the law of the country where the award was
made; or
(6) the award has not yet become binding or has been set aside or
suspended by the competent Court or under the law of the country where
the award was made, save that during the pendency of an application
made to the competent Court for setting aside or suspending an award,
the Court may adjourn its hearings in the case in respect of which
enforcement of the award is sought as it deems appropriate and may, upon
the application of the party claiming enforcement of the award, order the
party against whom the award is invoked to provide appropriate
168
security .
Court fees concerning the recognition and enforcement of domestic
arbitral awards are charged at the rate of 0.5% of the claim amount not
exceeding 50 million THB. The amount exceeding 50 million THB shall
169
be additionally charged at the rate of 0.1% of the claimed amount.

168 Section 43 Arbitration Act 2002
169 Office of the Judiciary, Civil Procedure, op.cit., n.d., 10

123