(5) the composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement made by the parties or, in the case where there is no such agreement, was not in accordance with the law of the country where the award was made; or
(6) the award has not yet become binding upon the parties, or it has been set aside or suspended by a competent Court or by the law of the country where it was made, except where the application for setting aside or suspension of the award has been made to the competent Court and the trial is pending, the Court may suspend the proceedings to enforce the award as it thinks fit. If so requested by the party who apply for enforcement of award, the Court may order the enforced party to give security in an amount as it thinks fit.
Section 44.
The Court shall have the power to refuse the application to enforce the award under Section 43 if it appears that the award deals with the dispute which shall not be settled by arbitration under the law or the enforcement of award is contrary to public order or good moral.
Section 45.
An order or judgment of the Court under this Act shall not be appealed, except where:
(1) the recognition or enforcement of the award is contrary to public order or good morals;
(2) the order or judgment is contrary to the provisions of law relating to public order or good morals;
(3) the order or judgment is not in accordance with the arbitral award;
(4) the judge who has tried the case gave a dissenting opinion in the judgment; or
(5) it is an order on provisional measure under Section 16.
An appeal against an order or judgment under this Act shall be made to the Supreme Court or the Supreme Administrative Court, as the case may be.
Chapter VIII
Fee, Expense and Commission
Section 46.
Unless otherwise agreed by the parties, any fee and expense incurred in the arbitral proceedings as well as commission of the arbitrator; except lawyer fee and expense, shall be in accordance with those stipulated in the arbitral award.
In the case where the fee and expense in the arbitral proceedings or the commission of the arbitrator were not stipulated in the arbitral award, any party or the arbitral tribunal may request the competent Court for a ruling on fee, expense and commission of the arbitrator as it thinks fit.
Section 47.
The institution established to settle disputes by arbitration may determine fee, expense and commission for the arbitral proceedings.
Transitional Provisions
Section 48.
The provisions of this Act shall not affect the validity of any arbitration agreement and arbitration proceedings made before the day in which this Act comes into force.
Any arbitral proceedings which is not conducted and the period of time for such proceedings as prescribed by the law enforced before this Act comes into force is not expire shall be continued within the period of time as prescribed by this Act.
Countersigned by Pol. Lt. Col. Taksin Shinawatra as Prime Minister
Published in the Government Gazette Vol. 119, Part 39 Kor, dated on 29th of April, B.E. 2545 (2002)
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