Section 32.
Unless otherwise agreed by the parties, the arbitral tribunal may:
(1)   appoint one or more experts to make a report on specific issues to be decided by the arbitral tribunal;
(2)   require the parties to give the expert any information or to produce, or to undertake the acquisition of any documents or objects relevant to the dispute for examination.

Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or verbal report, participate in a hearings where the parties have the opportunity to question him or her or to present expert witnesses in order to testify on the points at issue.

Section 33.
The arbitral tribunal, any arbitrator or any party with the consent of the majority of the arbitral tribunal, may request a competent Court to summon witnesses or to order the delivery of any documents or objects.

In the case where the Court considers that such request, if filed to it, is within its jurisdiction, the Court shall consider the request. In this regards, the provisions of the law on Court proceedings related therewith shall be applied mutatis mutandis.

Chapter V
Award and Termination of Arbitral Proceedings
 

Section 34.
The arbitral tribunal shall decide the dispute in accordance with the governing law as designated by the parties. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.

If the parties fail to designate the governing law, the arbitral tribunal shall apply Thai law to the dispute, except where there is a conflict of laws, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

The parties may determine that the arbitral tribunal shall decide the dispute in good faith and fair.
The arbitral tribunal shall decide the dispute in accordance with the terms of the contract and, in the case of a commercial dispute, shall take into account the usages of the trade applicable to the transaction.

Section 35.
Unless otherwise agreed by the parties, any award, order and decision of the arbitral tribunal shall be made by a majority of votes.  If a majority of vote could not be obtained, the chairperson of the arbitral tribunal shall be a person who makes award, order or decision.

The chairperson of the arbitral tribunal shall decide questions of proceedings if so authorized by the parties or all members of the arbitral tribunal.

Section 36.
If the dispute could be compromised, during the arbitral proceedings, by an agreement between the parties, the arbitral tribunal shall terminate the proceedings.  If the parties so request and the arbitral tribunal considers that the agreement to compromise the dispute contrary to laws, the arbitral tribunal shall make an award in accordance with such agreement.

An award made in accordance with an agreement to compromise the dispute shall be subjected to Section 37 and shall have the same status and effect as the award on merits of the case.

Section 37.
The award shall be made in writing and signed by the arbitral tribunal. If the arbitral tribunal consists of more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature shall also be stated.

Unless otherwise agreed by the parties, the award shall state the reasons upon which it is based. Any determination or decision beyond the scope of the arbitration agreement or the request of the parties shall not be stated in the award, except where the award made in accordance with the agreement to compromise the dispute under Section 36 or the determination of fee and expense in the arbitration or the commission for the arbitrator under Section 46.
The award shall state its date and the place of arbitration in accordance with Section 26 paragraph one, and it shall be deemed to have been made at that place.

After the award is made, its copy shall be delivered to the parties.

Section 38.
The arbitral proceedings shall be terminated when the award or an order of the arbitral tribunal under paragraph two is made.

The arbitral tribunal shall have an order to terminate the arbitral proceedings when:
(1)   the claimant withdraws his or her claim, unless the respondent has objected to such withdrawal and the arbitral tribunal considers that legal interest of the respondent shall be recognized by awarding;
(2)   the parties agree to terminate the proceedings;
(3)   the arbitral tribunal considers that the continuation of the proceedings has become unnecessary or impossible.
Subject to Section 39 and Section 40 paragraph four, the mandate of the arbitral tribunal shall terminate upon the termination of the arbitral proceedings.

Section 39.
Unless otherwise agreed by the parties, within thirty days as from the date of receiving the award:
(1)   a party, with a copy delivered to the others, may request the arbitral tribunal to correct the award of any computation, clerical or typographical error or any errors of similar nature;
(2)   if so agreed by the parties, a party, with a copy delivered to the others, may request the arbitral tribunal to interpret or clarify any sentences or parts of the award.

If the arbitral tribunal considers that the request under (1) and (2) are justified, it shall correct, interpret or clarify the matter under request within thirty days as from the date of receiving such request. The interpretation and clarification shall form part of the award.

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