Arbitral award
The tribunal's final decision in an arbitration, binding on the parties but not self-executing: to reach the losing party's assets in Thailand it must be taken to a competent court, which may refuse enforcement only on the narrow grounds the Arbitration Act B.E. 2545 (2002) lists.
IN PRACTICE
What it means in practice
An award in your favour and money in your account are separated by a court application, a time limit and a set of documents. The application is made to a competent Thai court with the award and the arbitration agreement — originals or certified copies — and a Thai translation certified in the manner the Act prescribes, and the slowest step in practice is usually the translation rather than the law. The grounds for refusing enforcement are limited and the party resisting bears the burden of proving one of them. An award made abroad may be enforced in Thailand where it falls under a convention Thailand is bound by.
THE TERM
The same term elsewhere
- ไทย
- คำชี้ขาดของอนุญาโตตุลาการ
- 简体中文
- 仲裁裁决
- Governing law
- Arbitration Act B.E. 2545 (2002) and the Civil Procedure Code
ENQUIRIES
