14 December 2009
BHUMIBOL ADULYADEJ, REX.
Given on the 23rd Day of April B.E. 2545;
Being the 57th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to revise the law on arbitration;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:
This Act is called the “Arbitration Act, B.E. 2545 (2002)”
This Act shall come into force as from the day following the date of its publication in the Government Gazette.
The Arbitration Act, B.E. 2530 shall be repealed.
Whenever a reference is made by any law to the provisions of the Civil Procedure Code relating to out-of-court arbitration, such reference shall be deemed to have been made to this Act.
In this Act:
“Arbitral Tribunal” means a sole arbitrator or a panel of arbitrators;
“Court” means a body or any institution employing judicial power under the law of the state where the Court is located;
“Claim” includes a counterclaim, except the claim under Section 31 (1) and Section 38 paragraph two (1);
“Defense” includes the defense to a counterclaim, except the defense to the counterclaim under Section 31(2) and Section 38 paragraph two (1).
Subject to Section 34, in the case where the provisions of this Act authorize the parties to make any decision, the parties may entrust the third party or any agency to make such decision on their behalf.
In the case where the provisions of this Act refer to the fact that shall be, or may be, agreed upon by the parties, or to an agreement in any matters made by the parties, such agreement shall include the Arbitration Rules stipulated therein.
Unless otherwise agreed by the parties, a document delivered under the provisions of this Act shall be deemed to have been received, if it is delivered to the addressee personally or if it delivered at his or her place of business, domicile, or mailing address; if none of those could be found after making a reasonable inquiry, a document shall be deemed to have been received if it is delivered to the addressee’s last-known place of business, domicile, or mailing address by registered letter or advice of delivery in case of domestic delivery or by any other means which provide a record of the attempt to deliver it.
The provision of this Section shall not apply to the delivery of a document in the Court proceedings.
In the case where a party knows that the provisions of this Act may be derogated by an agreement between the parties, or the requirements under the arbitration agreement has not been complied with by the others, and continues the arbitral proceedings without stating his or her objection thereto within a reasonable period or within the time-limited, it shall be deemed that such party has waived his right to object.
The Central Intellectual Property and International Trade Court, or the Region Intellectual Property and International Trade Court, the Court having jurisdiction over the place where the arbitration proceedings are being conducted, the Court having jurisdiction over the domicile of the parties, or the Court having jurisdiction to adjudicate the dispute raised to the arbitrator, shall be the competent Court under this Act.
The Minister of Justice shall have charge and control of the execution of this Act.