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 20, 2026
Thailand’s Board of Investment (BOI) has imposed new restrictions on foreign-majority shareholding and land ownership for companies in certain promoted activities. The changes took effect on September 1, 2025, but were not published in the Government Gazette until December 30, 2025, under Notification of the Board of Investment No. Sor. 7/2568 on the Amendment to List of Activities Eligible for Investment Promotion under Notification of the Board of Investment No. 9/2565, dated July 22, 2025. Foreign Land Ownership Restrictions Generally, foreign land ownership is one of the privileges granted to BOI-promoted companies, allowing them to own land to engage in the promoted activities. However, with these new restrictions, the BOI will no longer grant land-ownership privileges to foreign-majority-owned companies that conduct business activities in the following categories: Rolling, drawing, casting, or forging of nonferrous metals (category 5.4.9) Manufacturing of ferrous metal products or ferrous metal parts (category 5.4.11.2) Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use (category 5.4.11.4) Manufacturing of other metal products, including other metal parts for industrial use (category 5.4.11.5) Manufacture of chemical products for industry (category 6.2) Manufacture of plastic products for industrial goods and parts (category 6.4.1) These restrictions do not apply to existing BOI-promoted companies that have at least three projects granted promotion under the same juristic person during the past 15 years (2011–2025) with total investment of at least THB 5 billion, excluding the cost of land and working capital. Foreign Shareholding Restrictions For companies to be eligible for BOI promotion in three other categories of business activities, at least 51% of the company’s registered capital must be held by Thai individual shareholders, unless the BOI-promoted activity is located within a special border economic zone as designated by the BOI. These three categories are: Manufacture of bags made of
January 14, 2026
Employers operating in Thailand can enforce post-employment noncompete covenants, but success depends on precise drafting and strong evidentiary support. Thai courts will uphold restraints that protect legitimate employer interests and are fair and reasonable in duration, geographic reach, and substantive scope. Overbroad covenants, however, draw judicial skepticism and may fail unless they are drafted in severable, defensible components tied to the employee’s actual role. This article synthesizes recent trends in Thai case practice, explains how Thai courts assess reasonableness in employment restraints, and provides a practical litigation-focused framework for drafting enforceable covenants, preparing evidence, and pursuing relief through the Labor Court. The Legal Framework and Its Practical Implications Thai courts evaluate noncompete covenants under general principles of contract enforceability and public policy, with particular focus on whether a restraint is necessary to protect a legitimate employer interest and proportionate to that objective. In employment matters, this analysis is shaped by the employee-protective tenor of Thai labor law and by the Labor Court’s equitable discretion in determining appropriate remedies. The practical takeaway is that standardized or broadly drafted covenants rarely survive scrutiny. Courts look for a demonstrable nexus between the employee’s actual exposure to confidential information, trade secrets, or customer relationships and the scope of the restraint. Where that nexus is weak or the restraint operates as a blanket prohibition, courts are inclined to decline enforcement or limit relief to a narrowly tailored prohibition. The employer interests most commonly recognized as legitimate in Thai practice include the protection of trade secrets, confidential business information, and goodwill tied to identifiable customer segments or territories. Courts are more likely to enforce restraints where employers can clearly document what information is at risk, why particular customer relationships matter, and how the employee was involved with those assets. Judges also look closely at the
January 8, 2026
Doing business in Thailand means operating under a strict regulatory framework. From time to time, companies may receive unexpected administrative orders from government authorities that restrict their operations, impose new compliance obligations, or levy fines and penalties. When this happens, a business may challenge the order under Thailand’s administrative law system. The primary concern in pursuing administrative litigation is timing, as strict statutory deadlines apply and missing them can permanently affect a company’s rights. First Step: Administrative Appeal Many companies assume the first step is to immediately bring the matter before the Administrative Court to seek revocation or suspension of the order. Some even attempt to request an interim injunction to stop the order from taking effect. However, Thai law generally requires that the company first challenge the order through an administrative appeal with the same agency that issued it. Only after this process is complete can the matter be taken to court. Seeking an interim injunction at this stage is also not possible. This is because Thai law does not allow a standalone application for an interim injunction; an injunction can only be requested together with the underlying complaint filed with the Administrative Court. Since a court complaint cannot be filed until the administrative appeal process has been exhausted, an injunction is usually not available at the early stage. What Are the Timeframes for Administrative Appeal? Thailand applies a two-stage administrative appeal process. The appeal must first be submitted to the same authority that issued the order, which will review its own decision. If that authority affirms its decision, the appeal is then escalated to the relevant higher authority for further review. In most cases, both stages must be completed before a company is allowed to proceed to court. The timeframe for filing an administrative appeal is very
January 6, 2026
Thailand is developing new legislation on responsible business conduct that would impose statutory obligations on large enterprises to manage human rights and environmental risks throughout their operations and supply chains. The Draft Act on the Promotion of Responsible Business Conduct, commonly referred to as the Human Rights and Environmental Due Diligence (HRDD) Bill, has been developed through extensive consultation involving a wide range of stakeholders, with the Ministry of Justice playing a leading role. If enacted, the HRDD bill would reshape how certain large businesses operate and manage their supply chains, reflecting a recognition of international standards and global concerns regarding human rights and environmental protection. By introducing legally binding due diligence obligations, the draft aims to ensure that businesses operating in Thailand are held accountable for adverse impacts throughout their operations and supply chains, in line with emerging global legal frameworks. Who Will Have to Comply? The HRDD bill primarily targets large enterprises based on their annual revenue thresholds: Manufacturing businesses with annual revenue exceeding THB 500 million Wholesale, retail, or service businesses with annual revenue exceeding THB 300 million The draft would also cover state-owned enterprises and foreign businesses operating in Thailand if their operations meet the applicable revenue thresholds. What Does Human Rights and Environmental Due Diligence Involve? Under the HRDD bill, due diligence is not a one-time checklist but an ongoing process with several key requirements: Adopt and publicly disclose a sustainability policy. Businesses must commit publicly to respecting human rights and protecting the environment, and must integrate this policy into corporate governance and risk management systems. Identify and assess risks. Companies must identify and assess risks of human rights violations and environmental harm across their operations and value chains. Prevent or reduce risks. Businesses must implement effective and proportionate measures to prevent or mitigate