The National Legislative Assembly of Thailand passed the Arbitration Act B.E. 2562 to amend the Arbitration Act B.E. 2545 (A.D. 2002). It was published in the Government Gazette on the 14th of April 2019 and has become effective on and from the 15th April 2019. Its objective is to facilitate foreign arbitrators and foreign delegates in entering into and working on arbitration in Thailand.
Its major provisions cover the followings:-
- Parties to the arbitration may appoint one or several foreigners to be arbitrators in arbitration proceedings in Thailand.
- Foreigners, who have been appointed as arbitrators in the arbitration proceedings conducted by government authorities or organizations established under the law with duties related to dispute resolution by arbitration, can request a certification letter (“CL”) from these entities for obtaining visas and work permits from the relevant authorities in order to enter into Thailand to work as arbitrators.
- Foreign arbitrators who receive such a CL can stay in Thailand only for the period and the positions/duties specified in the CL.
- Foreign delegates appointed in arbitration proceedings can also obtain CLs for obtaining their visas and work permits.
This amendment should encourage Thai and foreign companies to choose Thailand as an attractive and cost-effective arbitration venue for resolving their disputes.
- Managing Partner | bangkok
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