Arbitration is among the various methods of Alternative Dispute Resolution (ADR) that Juslaws & Consult provides to parties in conflict. In this procedure, the disputing parties consent to have their dispute resolved by an arbiter or arbitrator, opting out of the traditional court system in Thailand. Once the parties agree to arbitration as their chosen method of dispute resolution, they are legally obligated to abide by the arbitrator's decision.
Arbitration is suited to a variety of types of civil disputes, but it cannot be used in criminal matters. Disputes suited to the arbitration process include controversies arising in a variety of business agreements such as construction contracts, insurance contracts, sale agreements, and many others.
Convenience and speed are two of the major advantages of the arbitration process. The process can be adapted to suit the requirements of the parties involved. In Thailand, confidentiality is a significant benefit of this form of ADR, as all information revealed in the proceedings is kept private.
Additionally, in an arbitration proceeding, the parties involved are able to agree on and appoint an arbiter or arbitrator, who has experience in their area of business and in-depth knowledge of the specific issue under dispute. The decision is enforceable in countries around the world that recognize these alternative dispute resolution practices.
When drafting a contract in Thailand, the parties to an agreement may stipulate that any disputes that arise will be settled by arbitration. They may also make this determination after a dispute arises – or even after one of the parties files a court complaint. It is best to make the stipulation about using arbitration at the time of preparing a contract, however, as it is simpler to reach an agreement before a dispute occurs.
If the parties to an agreement are based in different jurisdictions, the place and the language of any arbitration that may take place should also be stipulated. A Model Arbitration Clause has been provided by the Thai Arbitration Institute for use in agreements. If a dispute involves a party based in Thailand and another located abroad it is important to have an expert in the law of the other country involved in the arbitration as well.
The attorneys at Juslaws & Consult understand that litigation can be both time-consuming and expensive, without always delivering the desired outcomes. Our highly skilled attorneys bring extensive experience in guiding our clients in Thailand toward favorable results through various litigation alternatives, such as arbitration.
Specializing in Arbitration and other forms of Alternative Dispute Resolution (ADR), Juslaws & Consult believes that ADR will remain a vital alternative to traditional state court proceedings in Thailand. We possess considerable expertise in crafting ADR-related contract clauses and can assist in determining whether arbitration is the most suitable resolution mechanism for your case. For more information, please do not hesitate to contact Juslaws & Consult.
