Thailand Civil Procedure Code-Section 210-222
CHAPTER III
ARBITRATION
Section 210. With regard to all cases pending trial in a court of first instance, the parties may agree to submit a dispute in relation to all or any of the issues to one or several arbitrators for decision by filing a joint request stating the terms of such agreement with the court.
If the court views that such agreement is not unlawful, the court shall grant such request.
Section 211. If the agreement does not provide otherwise, the appointment of arbitrators shall be subject to the following rules:
- Each of the parties shall be entitled to appoint one arbitrator; provided, however, that if in the case there are several joint plaintiffs or joint defendants, only one arbitrator shall be appointed for all of the joint plaintiffs and one for all of the joint defendants.
- If the parties are to appoint one or several arbitrators by mutual consent, such appointment shall be made in writing, dated with day, month, year and signed by the parties.
- If it is agreed that one party or a third party is to appoint the arbitrators, such appointment shall be made in writing, dated with day, month, year and signed by such party or third party and served on the other parties.
- If the court does not approve the persons appointed or proposed as arbitrators by the parties, the court shall order the parties to appoint or propose other persons to be appointed as arbitrators. If the parties have not appointed or proposed any persons to be appointed as arbitrators, the court shall have the power to appoint any persons as arbitrators as it sees fit and shall have such order served on the appointed arbitrators and the parties concerned through a court off
Section 212. The provisions of this Chapter do not empower a court to appoint any person as an arbitrator without obtaining consent from such person.
Section 213. When any entitled person or party has appointed an arbitrator, such person or party shall be prohibited from withdrawing such appointment unless consented to by the opposing party.
An arbitrator who has been duly appointed may, if appointed by a court or a third
party, be challenged by either party or, if appointed by a party, be challenged by the opposing party on the grounds as provided by section 11 or on the grounds that such arbitrator is an incapacitated person or is unable to perform arbitral duties. In the case of a challenge of an
arbitrator, the provisions governing the challenge of judges shall apply, mutatis mutandis.
If the challenge is admitted, a new arbitrator shall be appointed.
Section 214. If the agreement does not prescribe fees for arbitrators, the arbitrator shall be entitled to submit the matter to the court in the form of a motion, and the court shall have the power to issue an order directing payment of such fees as it sees fit.
Section 215. When arbitrators have been appointed, if the agreement or court order, as the case may be, does not determine the issues in dispute, the arbitrators shall determine the issues in dispute and note them down in a detailed report for attachment to the file of the arbitration case.
Section 216. Before making an award, the arbitrators shall hear all parties and may conduct an examination as they see fit of the dispute submitted for consideration.
The arbitrators may examine all documents filed and hear witnesses or experts who
willfully appear to give testimony. If the arbitrators apply to the court for submission of the pleadings or all other documents in the file for inspection, the court shall comply with such application.
If the arbitrators find it necessary to carry out any proceedings which must be conducted by a court (such as summoning a witness or requiring a witness to swear an oath or requiring delivery of a document), the arbitrators may file a request in the form of a motion with the court for the court to conduct such proceedings. If the court views that such proceedings are within its power and accepts to conduct them, the court shall comply with such request and collect court fees at the rate as prescribed for the proceedings requested from the arbitrators.
Subject to the provisions of section 215 and this section, the arbitrators shall have the power to follow any trial procedure as they see fit, unless the agreement prescribes otherwise.
Section 217. If the agreement does not prescribe otherwise, an arbitral award shall be subject to the following:
Section 213. When any entitled person or party has appointed an arbitrator, such person or party shall be prohibited from withdrawing such appointment unless consented to by the opposing party.
An arbitrator who has been duly appointed may, if appointed by a court or a third party, be challenged by either party or, if appointed by a party, be challenged by the opposing party on the grounds as provided by section 11 or on the grounds that such arbitrator is an incapacitated person or is unable to perform arbitral duties. In the case of a challenge of an arbitrator, the provisions governing the challenge of judges shall apply, mutatis mutandis.
If the challenge is admitted, a new arbitrator shall be appointed.
Section 214. If the agreement does not prescribe fees for arbitrators, the arbitrator shall be entitled to submit the matter to the court in the form of a motion, and the court shall have the power to issue an order directing payment of such fees as it sees fit.
Section 215. When arbitrators have been appointed, if the agreement or court order, as the case may be, does not determine the issues in dispute, the arbitrators shall determine the issues in dispute and note them down in a detailed report for attachment to the file of the arbitration case.
Section 216. Before making an award, the arbitrators shall hear all parties and may conduct an examination as they see fit of the dispute submitted for consideration.
The arbitrators may examine all documents filed and hear witnesses or experts who willfully appear to give testimony. If the arbitrators apply to the court for submission of the pleadings or all other documents in the file for inspection, the court shall comply with such application.
If the arbitrators find it necessary to carry out any proceedings which must be conducted by a court (such as summoning a witness or requiring a witness to swear an oath or requiring delivery of a document), the arbitrators may file a request in the form of a motion with the court for the court to conduct such proceedings. If the court views that such proceedings are within its power and accepts to conduct them, the court shall comply with such request and collect court fees at the rate as prescribed for the proceedings requested from the arbitrators.
Subject to the provisions of section 215 and this section, the arbitrators shall have the power to follow any trial procedure as they see fit, unless the agreement prescribes otherwise.
Section 217. If the agreement does not prescribe otherwise, an arbitral award shall be subject to the following:
- In the case of several arbitrators, the award shall be made by a majority of votes;
- In the case of an equality of votes, the arbitrators shall appoint a third party as a president who shall give a casting If the arbitrators do not agree to appoint a president, they shall file a request in the form of a motion with the court for an order of appointment of a president.
Section 218. The provisions of sections 140, 141 and 142 governing judgements and court orders shall apply, mutatis mutandis, to arbitral awards.
The arbitrators shall file their award with the court and the court shall render a judgement according to such award.
However, if the court views that the arbitral award is contrary to law in any respect,
the court shall have the power to issue an order refusing to render a judgement in accordance with such award. However, if such award may be rectified, the court may allow the arbitrators or the parties concerned to rectify it within a reasonable period of time to be prescribed by the court.
Section 219. If the agreement does not prescribe otherwise, in the case where the agreement to submit a dispute to arbitration for decision cannot be complied with because a third party who has been assigned to appoint arbitrators does not appoint the same, or an arbitrator or arbitrators appointed refuse to assume the duty or die or become incapacitated, or because of any other reason preventing them from performing their duty before an award is given or they refuse or fail to perform their duty within a reasonable period of time, if the parties cannot reach an agreement otherwise, such agreement shall be deemed terminated.
Section 220. If there is a dispute arising owing to the implementation of the agreement to submit a dispute to arbitration for decision or there is a dispute on whether such agreement is terminated under the preceding section, such dispute shall be submitted to the court approving such agreement.
Section 221.175 The submission of a dispute to arbitration for decision out of court shall be in accordance with the law governing arbitration.
Section 222. No appeal may be made against the court order refusing to render a judgement according to an arbitral award or the court judgement in accordance with an arbitral award, except on the following grounds:
- There is an allegation that the arbitrators or president did not act in good faith or either party has committed a fraud;
- Such order or judgement violates a provision of law involving public order;
- Such judgement is not in compliance with the arbitral award.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Employment Law Attorneys
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