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Alternative Dispute Resolution in Thailand

Source: Court of Justice Thailand

Framework of ADR in Thailand

1. Mediation
2. Tax Court Mediation
3. The New Arbitration Era in Thailand
4. Court-Annexed ADR: A New Challenge
5. Jurisdiction and Recognition and Enforcement of Foreign Judgements and Arbitral Awards
6. Framework for Environmental Mediation in the Court of Justice of Thailand

I. Mediation
 Types of Mediation:
i. Out-of-Court Mediation (Pre-litigation)
ii. Court Annexed Mediation (Pending case)
 In any case, it is the Chief Judge who shall appoint the Mediator

II. Tax Court Mediation

 Governed by the Civil Procedure Code of Thailand B.E. 2477 Sections 19, 20, and 21.
 Empowers the Court to order mediation at its own discretion or the parties request.
 In any case, it is still the Chief Judge who shall appoint the Mediator.

III. The New Arbitration Era in Thailand

 Modern arbitration had been instigated by the promulgation of the Arbitration Act, B.E.
2530 (1987)
 Followed by the enactment of the New Arbitration Act, B.E. 2545 (2002)
o Adopted from the principles of the Model Law on International Commercial
Arbitration prepared by the United Nation Commission on International Trade Law
 Reformation of the Thailand Arbitration Institution which is now under the Court of Justice,
rather than being under the umbrella of the Ministry of Justice.

IV. Court-Annexed ADR: A New Challenge

 Courts in conducting conciliation process, departs from their traditional passive role and
plays a more active role.
 Often occurs at the pre-trial conference where a difficult question of fact is singled out for
special consideration by a specialized arbitrator.

 Critics opine that there is still a need to improve the alternative dispute mechanisms.
 Provide an opportunity for parties to select the mediator.