Date of Award

12-17-2019

Degree Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Department

Law

First Advisor

Catherine Rogers

Abstract

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute Resolution was promoted to support the justice system of the country and social and economic development. Furthermore, the country aims to promote itself as the arbitration hub for international disputes of the region. Even though the law was amended based on the UNCITRAL Model Law, the difference of some provisions and the way it was applied by the Court is not in line with international standards, which causes obstacles to arbitration in practice and also affects investors' confidence to choose Thailand as arbitration seats.

In order to reveal the characteristics and flaws of international commercial arbitration in Thailand, the Justice System, Institutions' Arbitration Rules, Arbitration Laws, and Courts' decisions regarding International Commercial Arbitration were studied and analyzed in detail and compared to international trends and standards at some certain points. The research found that to promote the country as the hub for international arbitration and to build a pleasant investment environment, the amendment of arbitration law is a need, especially on the provisions that empower court intervention in arbitral proceedings. Furthermore, the building of knowledge on foreign language, laws, practice, and trends of international commercial arbitration for lawyers and related service providers is needed. Last but not least, the government should present the policy supporting arbitration in all areas.

Available for download on Wednesday, January 05, 2022

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