The arbitral tribunal may correct any errors under (1) on its own initiative within thirty days as from the date of award.

Unless otherwise agreed by the parties, a party may, within thirty days as from the date of receiving the award and with notice to the others, request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days of receipt of the request.

The arbitral tribunal may, if necessary, extend the period for making correction, interpretation or additional award under paragraph two and four.

The provision of Section 37 shall be applied to a making of correction, interpretation, or additional award under this Section.

Chapter VI
Recourse against Award

A party may apply to the competent Court to set aside the award within ninety days as from the date of receiving a copy of award or, in the case where a party requests the arbitral tribunal to correct or interpret the award or to make an additional award, within ninety days as from the date of correction, interpretation or making of the additional award.

The Court shall set aside the arbitral award if:
(1)   a party who make the application is able to prove that:
(a)   a party to the arbitration agreement is incapacity under the law applicable to that party;
(b)   the arbitration agreement is not legally binding under the law to which the parties have agreed upon or, in the case where there is no such agreement, the law of the Kingdom of Thailand;
(c)   a party who make the application was not delivered advance notice of the appointment of the arbitral tribunal or the hearings of the arbitral tribunal, or was otherwise unable to present his or her case;
(d)   the award deals with a dispute not falling within the scope of the arbitration agreement or contains decisions on matters beyond the scope of the submission to arbitration. If the decisions on matters submitted to arbitration could be separated from those not so submitted, only the part of award which contains decisions on matters not submitted to arbitration may be set aside by the Court; or
(e)   the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, in the case where there is no such agreement, was not in accordance with this Act;

(2)   it appears to the Court that:
(a)   the award deals with the dispute which shall not be settled by arbitration under the law; or
(b)   the recognition or enforcement of the award is contrary to public order or good morals.

In considering a request for setting aside an award, if the parties so requested and the Court thinks fit, the Court may suspend the setting aside proceedings for a period of time as it deems appropriate in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take other actions which, in the opinion of the arbitral tribunal, would eliminate the grounds for setting aside.

Chapter VII
Recognition and Enforcement of Award
 

Section 41.
Subject to Section 42, Section 43 and Section 44, an arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application to the competent Court, shall be enforced.

In the case where an award made in a foreign country, the competent Court shall enforce such award only if it is governed by a treaty, convention or international agreement to which Thailand is a party, and it shall have effect only to the extent that Thailand agrees to be bound.

Section 42.
A party who wishes to enforce the arbitral award shall apply to the competent Court within three years as from the date the award is enforceable.

After having received the application, the Court shall, without delay, make an inquiry and render its judgment.
The party applying for enforcement of the arbitral award shall submit the following documents to the Court:
(1)   original arbitral award or its a duly certified copy;
(2)   original arbitration agreement or its duly certified copy;
(3)   translations of the arbitral award and the arbitration agreement in Thai language made by the translator who has sworn or made oath before the Court or official or the person having power to accept the oath, or who has made oath to, or represented by, the official authorized to certify the translation or by a diplomatic delegate or the Thai consul in the country in which the award or the arbitration agreement was made.

Section 43.
The Court may refuse to enforce the arbitral award, irrespective of the country in which it was made, if the party against whom the enforcement is invoked can prove that:
(1)   a party to the arbitration agreement is incapacity under the law applicable to that party;
(2)   the arbitration agreement is not legally binding under the law to which the parties have agreed upon or, in the case where there is no such agreement, under the law of the country where the award was made;
(3)   the enforced party was not given advance notice of the appointment of the arbitral tribunal or of the hearings of the arbitral tribunal or was otherwise unable to present his or her case;
4)   the award deals with a dispute not falling within the scope of the arbitration agreement or contains decisions on matters beyond the scope of the submission to arbitration. If the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters submitted to arbitration may be enforced by the Court;

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