There are currently two main arbitration institutes in Thailand – the Thai Arbitration Institute (“TAI”) and the newer Thai Arbitration Centre (“THAC”). There is also the Office of the Arbitration Tribunal of the Board of Trade of Thailand.
In order to assess which institute is preferable, an analysis of the arbitrators on the ‘panel’ of arbitrations available to administer a dispute should be reviewed. Further, the style and manner in which an institute oversees a dispute, and the costs involved should be assessed. The parties may also be free to appoint an ‘external’ arbitrator to the panel but with the arbitration to be administered through the institute. The facilities of the institute should be reviewed for appropriateness, and then the rules issued by the relevant institute will also be an important factor in proceedings.
It is also acceptable for the parties to choose a non-Thai institute to govern a dispute that arises in Thailand, is governed by Thai law, where the parties have agreed the dispute forum will be arbitration and the subject matter is capable of being arbitrated. Some disputes cannot be arbitrated as a matter of public policy or national law.
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