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Alternative Dispute Resolution in Thailand: Source: Court of Justice of Thailand

This document outlines alternative dispute resolution (ADR) frameworks in Thailand, including mediation, tax court mediation, arbitration, and court-annexed ADR. It discusses the types and processes of mediation and tax court mediation. It also explains that Thailand's arbitration act was updated in 2002 based on the UNCITRAL Model Law, and the arbitration institution is now under the Court of Justice. Finally, it notes that court-annexed ADR involves courts playing a more active role in conciliation, often focusing on difficult factual questions. Critics believe further improvements are still needed, such as allowing parties to select mediators.

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Achilles Neil Ebron
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65 views10 pages

Alternative Dispute Resolution in Thailand: Source: Court of Justice of Thailand

This document outlines alternative dispute resolution (ADR) frameworks in Thailand, including mediation, tax court mediation, arbitration, and court-annexed ADR. It discusses the types and processes of mediation and tax court mediation. It also explains that Thailand's arbitration act was updated in 2002 based on the UNCITRAL Model Law, and the arbitration institution is now under the Court of Justice. Finally, it notes that court-annexed ADR involves courts playing a more active role in conciliation, often focusing on difficult factual questions. Critics believe further improvements are still needed, such as allowing parties to select mediators.

Uploaded by

Achilles Neil Ebron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ALTERNATIVE DISPUTE RESOLUTION

IN THAILAND
SOURCE: COURT OF JUSTICE OF THAILAND
FRAMEWORK OF ADR IN THAILAND

1. Mediation
2. Tax Court Mediation
3. The New Arbitration Era in Thailand
4. Court-Annexed ADR in Thailand: A New Challenge
I. MEDIATION

 Types of Mediation:
1. Out-of-Court Mediation (Pre-litigation)
2. Court Annexed Mediation (Pending case)
I. MEDIATION

 Process Flow of Out-of-Court


Mediation
I. MEDIATION

 Process Flow of Court-Annexed


Mediation
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.
 Improved the resolution of commercial disputes domestically and internationally.
III.THE NEW ARBITRATION ERA OF 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)
 Adopted from the principles of the Model Law on International Commercial Arbitration prepared
by the United Nation Commission on International Trade Law (UNCITRAL)
 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 IN THAILAND: 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.
CONCLUSION

 Critics opine that there is still a need to improve the alternative dispute mechanisms.
 Provide an opportunity for parties to select the mediator.
THANK YOU
Reporter: Achilles Neil G. Ebron

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