Arbitration is just one of several methods of alternative dispute resolution that Juslaws & Consult makes available to parties in conflict. In this process, the parties agree to have their dispute settled by an arbiter or arbitrator, rather than taking the case to the court system in Thailand. Once the parties have agreed to this method of dispute resolution they are legally bound by the 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.
Attorneys at Juslaws & Consult recognize that litigation can be time-consuming and costly and that it does not always achieve the desired result. Our highly-skilled attorneys have extensive experience in advising our clients in Thailand on reaching favorable outcomes by employing a range of alternatives to litigation, including arbitration.
Juslaws & Consult specialize in Arbitration, among other forms of ADR. We believe that Alternative Dispute Resolution will continue to be a significant alternative to the state courts in Thailand. We have much expertise in drafting Alternative Dispute Resolution related contract clauses, and we can help you to decide if arbitration is the appropriate resolution mechanism for your case. Please feel free to contact Juslaws & Consult for more information.