You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 22, 2026

Arbitrator Independence Declarations in Thailand: A Procedural Gap

Subscribe to Updates
The Legal Industry Reviews

Arbitrator independence and impartiality form the cornerstone of a legitimate arbitral process. Under section 19 of the Thai Arbitration Act B.E. 2545 (2002), prospective arbitrators must disclose circumstances likely to give rise to justifiable doubts as to their impartiality or independence, and existing arbitrators must do so throughout proceedings. This mirrors article 12 of the UNCITRAL Model Law. Yet despite this clear mandate, practical implementation varies significantly across Thailand’s arbitration landscape.

Background

Thailand’s two principal arbitration institutions, the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC), both maintain procedures for addressing arbitrator challenges and require compliance with the statutory disclosure obligation. Under both sets of rules, any party wishing to challenge an arbitrator must submit a challenge application within fifteen days of becoming aware of the relevant facts, and a committee is appointed to consider the matter on a case-by-case basis. The TAI additionally prescribes its Code of Ethics and Conduct for Arbitrators to further emphasize the expectation of impartiality and transparency.

However, Thailand’s arbitration ecosystem extends well beyond the TAI and THAC. Several sector-specific institutions also administer arbitral proceedings, including the Thai Commercial Arbitration Office under the Board of Trade of Thailand, the Arbitration Centre of the Office of the Insurance Commission, the Arbitration Centre of the Securities and Exchange Commission, the Office for the Prevention and Resolution of Disputes regarding Intellectual Property, and the Arbitration Centre of the Thai General Insurance Association. These institutions each operate under their own procedural rules, which were developed to serve particular industries and dispute profiles. The procedural mechanisms for securing and documenting an independence declaration are not uniformly established across these forums.

Consequences of Procedural Inconsistency

This creates a notable gap. Not all arbitration bodies have a formalized procedure requiring written independence statements before proceedings commence. Some tribunals proceed directly to the first procedural hearing without the arbitrator having made any formal declaration. This can deprive a party of the opportunity to assess potential conflicts at the earliest stage, potentially giving rise to grounds for setting aside an award under section 40 of the Arbitration Act.

Thai courts have taken an increasingly serious view of disclosure failures. In Supreme Court Decision No. 3542/2561, the court set aside an arbitral award because the presiding arbitrator failed to disclose his involvement as defense counsel in a prior, related insurance matter, despite neither party in the earlier case being a party to the arbitration in question. The court held that this nondisclosure gave rise to justifiable doubts under section 19 and rendered the enforcement of the award contrary to public policy. This decision underscores that Thai courts expect rigorous compliance with the disclosure obligation.

Given these risks, arbitration institutions in Thailand should take proactive compliance steps. Arbitrators should understand that requests for independence declarations are not a challenge to their integrity but are designed to protect the legitimacy of proceedings, the enforceability of awards, and the integrity of the arbitral forum itself. If no formalized process exists, parties should request that written confirmations of independence and impartiality be placed on record before substantive proceedings commence.

 

This article was first published in the May 2026 Thailand edition of The Legal Industry Reviews, an international platform that publishes news and applied law updates from industry-leading law firms worldwide. To browse the latest complete issue, please visit The Legal Industry Reviews website.

Related Professionals

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

March 30, 2023
Digital asset litigation is one of the most cutting-edge types of litigation in Thailand. There are factual, technical, regulatory, and legal challenges and hurdles for the parties to the dispute throughout all procedural stages. This is mainly because digital assets are different in nature from more conventional types of assets, as they are digitally created and used on a blockchain network. Legal Status The first issue to be aware of in approaching digital asset litigation is the legal status of digital assets. Under Thai law, there are two key terms concerning digital assets’ legal status: “thing” and “property.” Things are tangible objects, while property provides a much wider range of meaning. Property could be anything—including intangible objects that may be of value and able to be appropriated. It is fairly clear that digital assets are not a “thing” since they are not tangible. However, determining whether digital assets are “property” is even more complicated. Although digital assets are intangible objects, one might argue that, unlike fiat money, they do not have any inherent value but are rather conferred value based on certain people’s perspective. (For example, the Bank of Thailand expressed this opinion of bitcoin in 2014.) Some may even argue that digital assets cannot be possessed and therefore cannot be appropriated. According to these arguments, digital assets should not be regarded as a property either. Legal Grounds Determining whether digital assets are things, property, or something else altogether is crucial to any subsequent litigation. In Thailand, the party initiating the lawsuit (the plaintiff) generally has to state the relevant legal grounds for the complaint—that is, the different relevant legal provisions that the court is to apply to the case. These provisions of Thai laws mostly refer only to “things” or to “property,” not both. This often means that
Read More
March 21, 2023
From the perspective of a plaintiff (or a group of plaintiffs) considering initiating a class action in a Thai court, a primary benefit of proceeding as a class action is the ability to aggregate claims that would otherwise be too small or too costly to bring individually. Where one plaintiff might lack a claim large enough to make pursuing litigation a cost-effective option, the combined claims of many plaintiffs could surpass that threshold. Similarly, the prospect of representing a number of plaintiffs, along with the potential legal fees that could be awarded with a win, should serve as an incentive for counsel to represent a class of plaintiffs who, acting individually, would otherwise not be able to engage a lawyer interested in taking their case. For these same reasons, a defendant will most likely—although not necessarily always—oppose a plaintiff’s request that a case be allowed to proceed as a class action. From a defense perspective, preventing a case from proceeding as a class action could be a significant strategic goal, as it could mean that individual plaintiffs, as well as their counsel, would lack the financial incentive to pursue potentially costly litigation for their separate, relatively low-value claims. Potential defendants, therefore, may benefit considerably by understanding how a Thai court determines whether a case can proceed as a class action and, if it does, the potential options for a defendant that objects to this determination. The Court’s Initial Determination: Class Action or Ordinary Litigation? When a named plaintiff requests that a case proceed as a class action, that plaintiff must present the case to the court in accordance with the prerequisites stipulated by Thai law. The Civil Procedure Code (CPC) sets out the prerequisites for a case to proceed as a class action. Considerations include: whether the nature of
Read More
February 28, 2023
For most in-house counsel, the thought of defending a civil case brought against the company is typically an unpleasant proposition—even more so when the matter is proceeding in a foreign or unfamiliar jurisdiction in which the substantive law and court procedures differ from those in one’s home jurisdiction. But different procedures, even if unfamiliar, can sometimes be advantageous to a defendant. This is particularly true with respect to certain aspects of the discovery process in Thai civil court proceedings. For in-house counsel in certain jurisdictions, the specter of litigation not only entails the potential risks posed to the company and the time and financial costs inevitably incurred, it can also mean lengthy and costly discovery battles. However, as discussed in more detail below, due to the nature of Thai discovery procedures, these types of discovery battles are typically rare in Thai civil court proceedings. Further, due to the limited scope and mechanisms for discovery practice in Thailand, the whole discovery process tends to be rather expedient and straightforward, particularly when compared to that in jurisdictions with extensive discovery practice. In this article, the authors provide an overview of some of the more notable features of the process for discovery under the Thai Civil Procedure Code (“CPC”), particularly those that may differ from those in jurisdictions with a more vigorous and wide-reaching discovery process. (We note that this article addresses only discovery procedures in civil proceedings in Thai courts; the discovery process in criminal proceedings is subject to the Thai Criminal Procedure Code and differs from the process in civil courts in some respects.) Rules of Evidence Before taking a closer look at some of the discovery provisions in the CPC, it is important to understand a few fundamental principles of Thai evidence law, as these provide the general guidelines
Read More
February 24, 2023
On February 20, 2023, the Supreme People’s Court of Vietnam submitted a Practical Report on the Implementation of the Law on Organization of People’s Courts, as well as a Draft Amendment of the Law on Organization of People’s Courts to seek online comment from interested parties. Notably, the Supreme People’s Court has expressed a desire to establish specialized courts such as an IP court and a bankruptcy court. Practical Report on the Implementation of the Law on Organization of People’s Courts The Supreme People’s Court reviewed the implementation over the past eight years of the Law on Organization of People’s Courts (“LOPC”), which took effect in 2015. Some highlights of the implementation process, as set out in the Supreme People’s Court’s practical report, are as follows: Re-systematization of all levels of courts: The LOPC systematized the court system in Vietnam, including four levels: Supreme People’s Court Three Superior People’s Courts 765 first-instance trial courts (including 702 district courts and 63 provincial courts) 66 appellate courts (including 63 provincial people’s courts and the three Superior People’s Courts) In addition, the Supreme People’s Court established four adjudicating agencies for cassation and reopening (including three Judicial Committees of the Superior People’s Court and the Council of Judges of the Supreme People’s Court). Support departments for the court have been strengthened, and policies have been developed to train judges. Trial results: From June 1, 2015, to April 30, 2022, the courts have settled 3,187,285 cases of all kinds out of a total of 3,334,915 cases handled (95.57%). Most of the remaining cases are newly accepted and still within the time limit for settlement as prescribed by law. On average, the courts have had to deal with about 476,416 cases each year. Draft Amendment of Law on Organization of People’s Courts Despite the notable
Read More