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Home > Country profiles > Thailand > Articles > Article detail

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Finally A Level Playing Field In Thai Arbitrations?

Sunday, 10th June 2019

"The use of guerrilla tactics in disputes in Thailand has long been a popular topic of discussion amongst regional arbitration practitioners in Southeast Asia, none more so than in connection with conducting an arbitration which has its seat in Thailand.  In one notorious instance, now industry folklore, a recalcitrant domestic party deployed such tactics to disrupt a hearing in Thailand resulting in the attendance of immigration officals and the abrupt abandonment of the hearing. Such tactics are unfortunately relatively common in other forms of dispute resolution in Thailand. 

Whilst attempts have been made to rehabilitate Thailand's image as a competitive hub for international arbitration by the government, for example the updating of the Thai Arbitration Institute's (TAI)  arbitration rules in 2017 and the establishment of the Thailand Arbitration Centre (THAC) in 2015, and by the Courts with the enforcement of arbitral awards against Thai government entities, Thai immigration law has long restricted foreign representatives and arbitrators from freely acting in arbitration proceedings governed by Thai law and conducted in Thailand. In the past, foreign representatives and arbitrators were required to go through the onerous process of applying for a work permit.  Such restrictions obviously affect disputing parties' freedom to select the most appropriate arbitrator or representative to adjudicate or represent them in that particular dispute, particularly where the substance of the dispute revolves around complex financial or engineering issues."

Read in full: 

Source: Mayer Brown
Language: English
Contact: Maythawee Sarathai and James Rix

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