Bill to allow foreigners to serve as arbitrators moves forward

By The Nation

 

 

The National Legislative Assembly (NLA) has taken the first step to pass the draft amended Arbitration Act which allows foreigners to serve as arbitrators in Thailand.

The NLA on Friday voted 139-0 with 2 abstentions to pass first reading of the bill amending the 2002 Arbitration Act.

 

The NLA set up a vetting committee to review the bill within 30 days before submitting it to the NLA to consider in the second and third readings.

 

Deputy Prime Minister Wissanu Krea-ngam, who presented the draft bill, told legislators that the amendment would upgrade the arbitration process in Thailand by allowing foreign nationals to serve as independent arbitrators if necessary.

 

He said that it would streamline the process to end disputes and civil cases more quickly.

 

Arbitration is the process of bringing a business dispute before a disinterested third party for resolution. The third party, an arbitrator, hears the evidence brought by both sides and makes a decision.

 

Source: http://www.nationmultimedia.com/detail/business/30360459

 

 

-- © Copyright The Nation 2018-12-15

Would said arbitrators have to have certain qualifications and knowledge of the Thai judicial system and language i wonder, if so this will be very hard to accomplish....

12 minutes ago, ezzra said:

Would said arbitrators have to have certain qualifications and knowledge of the Thai judicial system and language i wonder, if so this will be very hard to accomplish....

and be able to weigh up the size of  the brown envelope on sight, they sure must be  very  busy in this dept like there arent more pressing issues.

Edited December 15, 20187 yr by kannot

 

THe THAC Thailand Arbitration Center has been trying to gain traction to have Thailand become a center of international arbitration in Asean. Unfortunately, they are way, way, seriously behind Singapore in this effort (Singapore is the leader in Asean, and even overtaking Hong Kong at this point I believe), and it is very hard to catch up.

 

This effort by the NLA is an effort to allow foreigners to serve in international dispute resolution in Thailand when Thai law is not selected as choice of law (probably), and where the governing language is English, not Thai. It perhaps may also apply to domestic business disputes under these conditions as well where the parties have agreed to arbitration as dispute resolution method.

About time too... 18 years ago, a number of our expat engineers in Bangkok were trained as arbiters in the lead up to 2002, ready for the passing Arbitration Act to allow foreigners fluent in English to act in arbitration cases only to have us blocked. It has taken so long that most of us have retired already.

 

4 hours ago, rooster59 said:

He said that it would streamline the process to end disputes

As Prayut used Article 44 to violate a free trade agreement arbitrage between Australia and Thailand, the junta needs to vacate government before any dispute process can be streamlined.

A fascinatingly, positive move and brought to you by junta; unelected, Thailand wide.   Somebody not allowed to campaign may use that to campaign.  Its a good idea, and it takes the Thai legal system one step closer to the light .

 

6 hours ago, rooster59 said:

Bill to allow foreigners to serve as arbitrators moves forward

How much could I expect to earn, and, more importantly, how much should I expect to make?

8 hours ago, rooster59 said:

Bill to allow foreigners to serve as arbitrators moves forward

Foreign arbitrators indeed! They don't care two pins about foreigners. At one stage these jokesters were intending to become the ASEAN hub of justice affairs. Justice affairs! The joke of the century.

They live in some dreamworld. I feel sorry for the disillusioned fools who administer this country. They are nincompoops.

https://www.thaivisa.com/forum/topic/921744-thailand-to-become-asean-hub-of-justice-affairs/