Thailand Law Journal 2010 Spring Issue 1 Volume 13

A non-complicated, but useful, endeavor that can be implemented in this area is the creation of a “ASEAN Panel of Arbitrators” or whatever name it may take. It is essentially a compilation of qualified persons in various fields and possessing some experience in arbitration practice to the extent that they can handle efficient arbitral proceedings. Having included the criterion of “experience in arbitration”, it is not intended to create a barrier to entry for newcomers as mention earlier. It is included solely to distinguish between the qualifications for newcomers in international commercial arbitrators and those for domestic arbitrators. To ascend to the upper playing field, it is necessary that the players have proved themselves in their initial arena that they possess essential qualifications to be promoted to another playing field. If they have not been entrusted in their domestic arena, how can they convince parties from abroad to believe in their qualifications? This ASEAN Panel of Arbitrators can at the very least inject some rookies who have been veterans in their own economies to the field of international commercial arbitrators.

This joint Panel will encourage more exchange of arbitrators across national borders. Another side benefits that can be generated from this increase in the exchange of arbitrators is the exchange of knowledge and experience in handling arbitral proceedings as well as their jurisprudence. Each arbitrator will bring with them, when they cross border, their knowledge and experience which may be drawn from their educational and practical background in either common law or civil law tradition. They will also inject international perspective into the analysis on some common problems or issues. This subtle process will gradually blend perception toward such problems or issue until, someday, we have a unified view that we voluntarily create by a voluntary process.

Creating this kind of list of arbitrators from various economies is a delicate, but manageable, process. To come up with names of qualified persons, it may need some help from various organizations working in the field of arbitration in all member economies, because these organizations own such invaluable information as to who have the essential qualifications and should be nominated into the Panel. These organizations may be familiar with the work, experience and attitude of many arbitrators not only once, but maybe several times. So, they know quite well who are qualified to deliver an efficient and just proceeding.

4. CONCLUSION
The past decade is arguably the most vibrant period for alternative dispute resolution in Thailand. A lot of radical changes and developments keep happening. The landscape of ADR practice looks remarkably nice. The statistics have shown impressive numbers, and the graphs are heading north. It is certainly enjoyable to watch this growth, especially if you work in this field. Given this spectacular growth, it is even more excited, and can hardly wait, to see the future to come and how this phenomenon will evolve over time. This radical and swift change causes practitioners and those who work in this field to become more pro-active and be prepared to absorb any changes and information that are caused by this evolution.

In all ASEAN economies, I believe similar incidents have also occurred. We have all been trying to cope with this evolution of ADR practice. We all have our own way to deal with this issue and to develop the practice further. These distinctive approaches inevitably reflect, in whole or in part, our own history, social values, current and past economic situation, traditions, religions and education. I believe that these distinctive approaches are valuable in their own rights, because they have been moulded from such various factors and become particularly workable in their settings and circumstances. It is quite unfortunate that we, member of ASEAN economies, have a few chances to exchange such valuable information. Moreover, when we really need that information and knowledge collected by our colleagues from other economies over a long span of experience, there is no resource to consult with. It is, I believe, that if we can make an ensemble of information and knowledge from trial and error, it will enable our colleagues in other economies to become more adaptable to changing circumstances, because, from time to time, we will find that our peculiar obstacles and problems are not that peculiar and have previously confronted by other colleagues who have tried to promote ADR in their countries. It is, therefore, beneficial to have some kind of “ASEAN ADR Knowledge Centre” to collect these information, resources and knowledge for all ASEAN members as well as those from other parts of the world to learn more about ASEAN ADR. With today convenient information technology that tends to become even more convenient in the future, this Centre can also work as a forum to exchange views and ideas about various issues, by means of blogs, web boards, video conference and even instant messaging. It looks quite complicated at first sight. It is not that complicated in practice, taken into account today technology and the level of knowledge of information technology of new generation of workforce.

Last, but by no means the least, ADR have proved itself to be a very useful tool for settling disputes and preserve peaceful atmosphere in society. Its unused potential is still enormous, and waits for further cultivation. What makes ADR methods such as mediation become very popular in our ASEAN economies is not so surprising, because it is just a kind of rediscovering our own self. We have long accustomed to peaceful way of solving conflicts and harmonious society, since our long history has been recorded. When our economies grow sometimes so speedy that we cannot keep pace with this fast changes, we forget this admirable past and become entangled with advocating our positions and litigating everything. Once this dormant character is waken up, it is painless to assimilate the idea and put it into practice. However, to press this development further in today society, what is needed is more than pure instinct and traditional practice. It needs a careful and forward-looking planning and modern management, in terms of organizations, personnel, public relation and advertisement, training and knowledge management as well as conflict management. Otherwise, we will not be able to tap the hidden potential of ADR for years to come.