Dispute Resolution in Thailand

Going to court can be an expensive and time-consuming process. It is also often an unsatisfactory result.

Instead of litigation, alternative dispute resolution methods have become more common in Thailand. The most common of these are arbitration and conciliation. We have an experienced team that covers these areas, led by Waree Shinsirikul and Nathee Silacharoen.

Arbitration

Arbitration is a common dispute resolution option in Thailand. It can be conducted through domestic or international arbitration institutes. Arbitral awards are binding on the disputing parties. The arbitral tribunal can be made up of one or three arbitrators. The disputing parties must choose their preferred arbitrators within a period of fifteen days. If they do not agree, the Thai arbitration institute is responsible for selecting an arbitrator.

Compared to court proceedings, arbitration is quicker and less expensive. It also allows for the conduct of proceedings in the language of choice, which is a major benefit for foreign litigants.

In the real estate and construction sectors, disputes often arise from omission or errors in a contract document; technical issues; unexpected site conditions; and disputes with an architect or project manager. Most contracts in this industry contain structured dispute resolution clauses to address these disputes. A range of interim remedies (e.g. injunctions) are available before and during arbitration proceedings, but Thai courts are generally conservative in granting such relief.

Conciliation

Despite the best efforts of people with different viewpoints to avoid them, conflicts can arise. Those disputes need to be resolved. Until recently, however, the only way to do so was through a lengthy lawsuit process.

With the help of alternative dispute resolution (ADR) techniques, there are now better and faster ways to resolve conflicts. One of these methods is mediation.

A judge has the power under the Civil Procedure Code to order court-annexed mediation on their own or upon request of a party. In such cases, the judge acts as a conciliator and holds closed-door sessions with the parties to bring about reconciliation.

Parties involved in a dispute can mutually agree on a private mediator or make use of the services of the Thai Mediation Center. Upon successful mediation, the disputing parties can decide whether to enter into an enforceable and binding compromise agreement or withdraw the dispute case from the courts. Our Thailand conciliation and mediation lawyers can assist you with this process.

Court Annexed Mediation

Mediation is a dispute resolution option that involves the participation of the mediator and disputing parties in finding mutually acceptable solutions. It reduces misunderstanding and explores alternative options to solve the dispute. It also helps in minimizing the number of appeal cases and enhances the quality of court proceedings for complicated cases.

The conciliation process can be conducted either at the stage of filing a lawsuit or before the case is sent to court for hearing. The judge can facilitate the conciliation or appoint a conciliator from outside the court. In the latter case, the conciliator must be a retired judge, procurator, lawyer, or legal expert with experience and capability in the area of mediation.

Mediation is one of the ways that civil litigation can be speeded up in Thailand. It is highly recommended and encouraged by the courts. It also increases the chances of an enforceable settlement agreement. This is especially true if the case is complex and the disputing parties agree on a specific resolution to the issue.

Private Mediation

Private mediation is a dispute resolution option that can be carried out either before or during the litigation process. It involves a neutral third party who facilitates discussions between the disputing parties and helps them explore their options for a mutually acceptable solution. It also provides a more flexible alternative to traditional legal processes, such as litigation.

The Arbitration Act outlines the rules for arbitration proceedings in Thailand. The disputing parties may choose a single arbitrator or three arbitrators. If they cannot agree on a tribunal, the Thai arbitration institute will provide a list of potential arbitrators to each party. The parties can then remove the names of the arbitrators they do not prefer and add the names of those they do.

Court annexed mediation is a process that can be used for civil disputes that are pending in the court system. This method of conflict resolution allows disputing parties to meet and reach a compromise agreement that can be legally enforced.

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