Thailand’s alternative dispute resolution (ADR) landscape has evolved significantly over the past decade. Legislative reforms such as the Dispute Mediation Act and expanded court‑annexed mediation have strengthened non‑litigious options, while institutional choices have broadened. Parties can now choose between the Thai Arbitration Institute (TAI), the Thailand Arbitration Center (THAC), and a growing number of sector‑specific dispute forums. For businesses, these choices matter. Each forum has different rules, administration, costs, speed, and enforcement mechanisms. These factors can directly impact commercial leverage, recovery outcomes, and business continuity. Choosing the right forum and drafting an effective dispute resolution clause can materially influence how a dispute is resolved. This article outlines the practical differences between Thailand’s leading alternative dispute resolution forums, explains when each is likely to deliver the most value, and offers drafting and strategy tips to embed those advantages into your dispute resolution clauses. Why ADR Is Gaining Traction in Thailand Thai policy increasingly supports the resolution of civil and commercial disputes through ADR. Recent amendments to the Civil Procedure Code now provide for court-supervised pre-action and in-case mediation. This type of mediation has its advantages: it suspends limitation periods, involves no court fees, and can conclude with a consent judgment that is immediately enforceable and subject to only limited grounds of appeal. In parallel, the Mediation Act supports out‑of‑court mediation for qualifying disputes within defined subject‑matter and monetary thresholds. Valid settlement agreements reached under this law may be enforced through a streamlined court process. Thailand’s arbitration framework has also matured into a reliable, pro‑enforcement framework under the Arbitration Act, which closely follows the UNCITRAL Model Law and applies to both domestic and international cases, so cross‑border users see familiar rules. As Thailand is a signatory to the New York Convention, Thai courts generally recognize and enforce foreign awards subject only

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

In cross-border disputes, a recurring concern for claimants is whether they can protect respondents’ assets located in jurisdictions other than the seat of arbitration. This article explores whether Thai courts can issue interim measures, such as freezing orders, under Section 16 of the Thai Arbitration Act (2002) to support an arbitration seated outside of Thailand. Requesting Interim Measures Section 16 provides that a party to an arbitration agreement may request that the court impose interim measures, either before or during arbitral proceedings. If the court determines that it would have been able to impose such measures had the proceedings been conducted in court, it may proceed as requested. Notably, Section 16 does not limit its application to arbitrations seated in Thailand. It simply refers to “a party to an arbitration agreement,” which arguably includes both domestic and international arbitrations. Further, it allows for applications even before arbitration is commenced, provided that the arbitration is initiated within thirty days from the issuance of the order (or other period the court prescribes). A Hypothetical Scenario Consider the following scenario: Company A, incorporated in the Netherlands, and Company B, incorporated in the Cayman Islands, have entered into a contract containing a clause requiring arbitration at the Singapore International Arbitration Center (SIAC). A dispute arises, and Company A commences arbitration at SIAC. Company B holds significant assets in Thailand, such as bank accounts or real estate. Concerned that Company B might dispose of its assets before an award is rendered, Company A applies to the Thai court seeking a freezing order over those assets. Can the Thai court issue such an interim measure? The answer is not straightforward. Thai law is silent regarding whether Section 16 applies to arbitrations seated outside Thailand, leaving the door open for argument. Some academic sources suggest that