Getting the Deal Through – Arbitration 2017, published by Law Business Research, provides an in-depth insight into arbitration law in more than 50 jurisdictions worldwide. Kornkieat Chunhakasikarn, attorney-at-law, and John Frangos, consultant, in Tilleke & Gibbins’ dispute resolution group, coauthored the Thailand chapter of the guide, which covers the following topics:
- Laws: The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1960, the Geneva Convention on the Enforcement of Foreign Arbitral Awards 1927, agreements supporting the Overseas Private Investment Corporation, the Convention Establishing the Multilateral Investment Guarantee Agency 1985, the International Center for Settlement of Investment Disputes Convention 1965, the Arbitration Act 2002, and the UNCITRAL Model Law.
- Institutions: The Thai Arbitration Institute of the Alternative Dispute Resolution Office, the Office of the Arbitration Tribunal of the Board of Trade of Thailand, and the Thailand Arbitration Center.
- Arbitration agreements: Arbitrability, requirements, enforceability, third parties bound by arbitration agreements, groups of companies, and multiparty arbitration agreements.
- Constitution and jurisdiction of arbitral tribunals: Eligibility of arbitrators, default appointment of arbitrators, challenge and replacement of arbitrators, relationship between parties and arbitrators, immunity of arbitrators from liability, court proceedings contrary to arbitration agreements, and jurisdiction of arbitral tribunal.
- Arbitral proceedings: Place and language of arbitration, commencement of arbitration, hearings, evidence, court involvement, and confidentiality.
- Interim measures and sanctioning powers: Interim measures by courts, emergency arbitrators, and arbitral tribunal, and sanctioning powers of the arbitral tribunal.
- Awards: Arbitral tribunal decisions, dissenting opinions, form and content requirements, time limits, date of awards, types of awards, termination of proceedings, cost allocation and recovery, and interest.
- Proceedings subsequent to awards issuance: Interpretation and correction, challenge, levels of appeal, recognition and enforcement, and cost of enforcement.
- Other: Judicial system influence, professional or ethical rules applicable to counsel, third-party funding, and regulation of activities.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Arbitration 2017 (published in March 2017; contributing editors: Gerhard Wegen and Stephan Wilske, Gleiss Lutz). For further information please visit https://gettingthedealthrough.com/area/3/arbitration-2017.