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

August 20, 2026

Insolvency and Arbitration in Thailand: Working Without a Statute

Thai law contains no provision that speaks directly to what happens to an arbitration when one of the parties becomes insolvent. The interaction between arbitration and insolvency is derived instead from the general operation of two separately drafted laws: the Bankruptcy Act B.E. 2483 (1940) and the Arbitration Act B.E. 2545 (2002). Because Thai courts have had few opportunities to interpret how these two statutes apply together, the practical answer to many questions, such as who represents an insolvent party in arbitration, whether an award will be enforced, and what happens to a foreign proceeding, depends on inference from general principles of insolvency, arbitration, and procedural law rather than on settled rules.

Liquidation and Restructuring

The Bankruptcy Act governs both liquidation, which winds up a debtor’s affairs, and restructuring (rehabilitation), which aims to preserve a business. The consequences for arbitration differ accordingly. In liquidation, the debtor’s assets vest in the official receiver, who alone can conduct or continue any arbitration affecting the estate; the debtor loses the authority to act on its own behalf. In restructuring, the plan preparer or administrator takes over that role, but there is more room for the debtor to remain involved, since the objective of rehabilitation is to keep the business operational.

Restructuring carries an automatic stay that takes effect once the Bankruptcy Court accepts the restructuring petition. This stay can halt an arbitration regardless of where it is seated. In contrast, liquidation does not work through a stay; instead, the debtor’s loss of authority over its own assets and disputes is what constrains the arbitration. Neither proceeding provides a party a formal route to apply for permission to continue arbitrating—the Bankruptcy Act contains no such mechanism—though in restructuring cases the Bankruptcy Court may allow proceedings to continue where doing so will not prejudice the restructuring process.

Proof of Debt and the Bankruptcy Court’s Jurisdiction

Even where an arbitration agreement is otherwise valid, a creditor with a claim against an insolvent debtor generally cannot use arbitration to establish that claim for purposes of the insolvency distribution. Contractual claims remain arbitrable in principle, but matters concerning proof of debt, administration of an estate, and distribution of assets fall within the Bankruptcy Court’s exclusive jurisdiction—producing something close to vis attractiva concursus (a legal doctrine enabling a single court’s jurisdiction over all related lawsuits and ancillary claims involving a debtor’s assets). If a creditor’s claim is rejected in the proof-of-debt process, the remedy is to object within the bankruptcy proceeding itself, not to revert to arbitration. The arbitration agreement survives, since Thai law recognizes that separability and termination of the underlying contract do not terminate the arbitration clause. However, this does not give the tribunal jurisdiction to decide claims for insolvency-distribution purposes.

Pending and Subsequent Arbitrations

The Bankruptcy Act does not expressly distinguish between an arbitration already pending when insolvency proceedings open and one commenced afterward, but the practical consequences differ in ways that may benefit from careful planning. For example, a pending arbitration is more likely to be stayed during the insolvency process, particularly in restructuring, while a party seeking to commence a new arbitration after insolvency proceedings have opened is more likely to find the proceeding restricted from the outset, since the debtor’s assets and authority to litigate have already shifted to the official receiver or plan administrator. The same reasoning applies regardless of whether the insolvent party is the claimant or the respondent; nothing in the Bankruptcy Act singles out either position for different treatment, although a claimant pursuing recovery for the benefit of creditors is, in practice, less likely to encounter resistance than a creditor trying to pursue a respondent outside of the collective process.

Enforcement of Awards

An arbitral award is not automatically vulnerable simply because insolvency proceedings exist. Thai courts distinguish between an award that merely establishes the existence or amount of a debt, which is not generally subject to objection, and one that purports to grant rights inconsistent with the Thai insolvency regime, which can carry significant risk. An award that allows a creditor to jump the queue, obtain payment outside the collective process, or otherwise undercut the equal treatment of creditors may be refused recognition or enforcement on public policy grounds under the Arbitration Act, even if it survives a set-aside challenge. In practice, however, Thai courts are more likely to withhold enforcement of a problematic award than to annul it outright.

Foreign Insolvency Proceedings

Thailand has not adopted the UNCITRAL Model Law on Cross-Border Insolvency, and it has no statutory mechanism for recognizing foreign insolvency proceedings. As a result, a foreign liquidation or restructuring order, and any accompanying stay, does not automatically bind or affect an arbitral tribunal seated in Thailand. Therefore, a tribunal is free to continue the arbitration and is not required to recognize the authority of a foreign insolvency representative. That said, arbitrators may, as a matter of comity or procedural fairness, choose to take a foreign proceeding into account, but nothing compels them to do so. The position changes only if insolvency proceedings are separately commenced in Thailand, at which point the mandatory provisions of the Bankruptcy Act take over.

Interim Measures and Practical Considerations

Thai law does not strip an arbitral tribunal of its ability to grant interim measures merely because a party has become insolvent, although in practice a stay triggered by restructuring will often preclude the question before it even arises. Other procedural questions—whether the insolvency administrator can settle a dispute on the debtor’s behalf, whether creditors can appear in the arbitration, whether confidentiality changes once insolvency proceedings begin—are not addressed by express rule under Thai law and are resolved, again, by reference to general principles rather than a dedicated insolvency-arbitration regime.

Conclusion

When it comes to insolvency and arbitration matters, Thailand has persevered with a functioning but underdeveloped intersection of two statutes that were not written in collaboration. As a result, most outcomes rest on general principles rather than express rules, and the areas most likely to generate disputes in practice—representation of an insolvent party, the enforceability of awards that touch the insolvency estate, and the treatment of foreign proceedings—remain matters of discretion for arbitrators and Thai courts rather than under settled law.

RELATED INSIGHTS​ 

January 26, 2026
Tilleke & Gibbins has contributed an updated Cambodia chapter to Foreign Investment Review 2026, a global guide to the legal and regulatory environment for foreign investment in 25 jurisdictions around the world. Published and distributed by Lexology Panoramic, the guide is focused on law and policy regarding foreign investment oversight, regulatory frameworks, procedural requirements, and other notable concerns for foreign investors. The updated Cambodia chapter was prepared by Jay Cohen, partner and director of Tilleke & Gibbins’ Phnom Penh office, and Nitikar Nith, associate. The chapter focuses most closely on the law and policy section, which explains the government’s policies and practices regarding foreign direct investment, the main investment laws and their scope, and the relevant authorities responsible for regulating mergers, acquisitions, and other business transactions. The chapter also brings up key recent developments, such as the prospect of Cambodia establishing a competition regulator. A PDF of the Cambodia chapter can be downloaded through the button below. Tilleke & Gibbins also provided the Laos, Myanmar, and Vietnam chapters to Foreign Investment Review 2026. Readers can also gain 30 days of complementary access to the full Foreign Investment Review 2026 guide and the rest of Lexology Panoramic’s varied offerings through this link.
January 26, 2026
Myanmar’s Private Security Services Law, enacted on February 18, 2025, together with its implementing Directive on Applications for a Private Security Services License or Permit issued on June 18, 2025, establishes the country’s first comprehensive regulatory framework for both commercial private security service providers and companies that employ in-house security personnel. The framework applies to both Myanmar and foreign entities. For foreign investors and multinational operators, the new regime introduces strict licensing requirements, local content rules, and various approvals that must be carefully considered as part of business planning and compliance processes. Regulatory Authority and Structure The governing authority under the Private Security Services Law is the Private Security Services Central Supervisory Committee, formed with the minister of the Ministry of Home Affairs (MOHA) as chairperson, the chief of the Myanmar Police Force as vice-chairperson, and members from other high-ranking officials from relevant ministries, such as Transport and Communications, Defense, Planning and Finance, Investment and Foreign Economic Relations, Legal Affairs, Immigration and Population, Labor, and Commerce. This Central Committee is the highest regulatory authority and has the power to adopt policies, approve or reject applications for licenses and permits, and decide appeals against administrative actions taken by Supervisory Committees, which operate under the Central Committee at the state and regional level. They are responsible for processing applications, verifying compliance with statutory requirements, submitting applications to the Central Committee with remarks, and issuing licenses and permits once approved. Supervisory Committees also monitor compliance by license or permit holders and impose administrative penalties for noncompliance, while the Central Committee exercises final decision-making authority. License Requirements for Security Service Providers To apply for a private security services license, companies must be registered under the Myanmar Companies Law. Foreign companies may also operate a private security services business in Myanmar, subject to compliance
January 21, 2026
Spurred by global geopolitics and Canada’s Indo-Pacific Strategy, which aims to forge deeper ties with ASEAN, Canadian companies have been showing growing interest in Thailand and Southeast Asia in recent years. To understand the opportunities offered by the region, we sat down with Andrew Stoutley, a Toronto native and the chief operating officer of Tilleke & Gibbins, a leading Southeast Asian regional law firm with over 130 years of history in Thailand. Q: Why are Canadian companies looking at Thailand and Southeast Asia right now? A: Two reasons stand out. First, diversification has moved up the agenda. Many Canadian companies want options outside North America due to tariff volatility and policy uncertainty in the United States, as well as questions around the next Canada–United States–Mexico Agreement mandatory joint review. At the same time, the shift of global production from China to Southeast Asia is accelerating, driven by rising costs, geopolitics, and the need to avoid overreliance on a single market. As a result, Canadian companies are looking for a second production base or a regional hub, and Thailand and its neighbors are natural choices given their manufacturing depth, location, and established supply chains. Second, Canada’s own efforts in the region are gaining traction. The Indo-Pacific Strategy has led to more on-the-ground support, including larger trade missions, upgraded diplomatic posts, and new financing options. Export Development Canada (EDC) now has a presence in Bangkok, giving Canadian companies a direct line to financing and insurance in Thailand. There’s also steady progress on trade frameworks like the recently signed Canada–Indonesia Comprehensive Economic Partnership Agreement (which will come into effect pending domestic procedures), ongoing negotiations of a Canada–ASEAN FTA, and the exciting announcement about the launch of negotiations of a Canada–Thailand FTA. Together, these developments have the potential to make it much easier
January 20, 2026
Arbitrations seated in Thailand are governed principally by the Arbitration Act B.E. 2545 (2002) and, where applicable, the rules of institutions such as the Thailand Arbitration Center (THAC) and the Thai Arbitration Institute (TAI). While these instruments set the core procedural structure, they are not comprehensive. To fill in these procedural gaps, arbitral tribunals often look to the Thai Civil Procedure Code (CPC) and apply its principles when the Arbitration Act or institutional rules are silent. This hybrid system is familiar to local practitioners but can surprise international parties who expect a more self-contained arbitral procedure. Examples of How CPC Principles Are Applied Evidence Management: Section 25 of the Arbitration Act requires equal treatment of the parties and guarantees each side a full opportunity to present its case. At the same time, it grants tribunals broad discretion to conduct proceedings “as it deems appropriate” and expressly suggests that arbitrators may apply the CPC evidence rules where appropriate. In practice, tribunals frequently apply CPC evidence rules when addressing: submission of evidence lists, late or additional evidence, questions of admissibility and relevance, and assessment of witness and expert testimony. Amendments to Pleadings: Because the Arbitration Act and institutional rules provide limited guidance on amending pleadings, tribunals often rely on CPC principles when parties seek to amend a statement of claim or defense. Amendments may be permitted if they are sought in a timely manner, do not unfairly prejudice the opposing party, do not cause undue delay, and do not alter the nature of the dispute. These conditions closely mirror the standards applied by Thai courts under the CPC. Subpoenas and Court Assistance: Arbitral tribunals seated in Thailand generally do not have inherent subpoena powers. Section 33 of the Arbitration Act fills this gap by permitting the tribunal, an individual arbitrator, or a