Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Arbitrage (อนุญาโตตุลาการ, anuyatotulakan, also written anuyato tulakarn) is the private resolution of a dispute by one or three arbitrators chosen under the parties’ agreement, whose award binds them and can be enforced by a Thai court. It is governed by the Arbitration Act B.E. 2545 (2002), amended in 2562 (2019), which follows the UNCITRAL Model Law. For a foreigner doing business in Thailand its most important feature is that a foreign arbitral award can be enforced here under the New York Convention, whereas a foreign court judgment cannot.
Table des matières
How the Arbitration Act makes it work
The agreement. Arbitration rests on a written clause in the contract, or on an agreement made after the dispute arises. Once a valid clause exists, a party who sues in court instead can be met with an application to dismiss the case in favour of arbitration. The parties choose the seat, the language, the number of arbitrators and the institutional rules; the tribunal decides its own jurisdiction and applies the substantive law the parties selected.
Institutions and the court’s role. The two main bodies are the Thai Arbitration Institute (TAI), run by the Office of the Judiciary, and the Thailand Arbitration Center (THAC), created by its own statute in 2007. Courts intervene only at the edges: appointing an arbitrator when the parties cannot, granting interim measures, and hearing petitions to set aside or enforce an award. A petition to set aside must be filed within 90 days of receiving the award, on narrow grounds such as incapacity, lack of notice, an award beyond the scope of the agreement, or conflict with public order. Enforcement must be sought within three years of the award becoming enforceable.
Practical points for a foreigner choosing arbitration
When it pays. Arbitration suits cross border contracts, construction and supply agreements, joint ventures and any deal where the counterparty’s assets are in Thailand but the foreigner would rather not litigate in Thai in a provincial court. A hearing can run in English, and a typical case finishes in six months to a year. The guide on modes alternatifs de règlement des différends en Thaïlande compares the institutional fees, which start around 30,000 baht in arbitrator fees at the TAI for a small claim.
When it does not. An award still has to be enforced through the Thai courts and the Legal Execution Department, so a clause is only as good as the assets behind it. Arbitration is unsuitable for small consumer disputes, for employment claims, which belong in the Labour Court, and for family matters. The common mistake is a badly drafted clause: no seat, no rules, or an institution that does not exist.
Arbitration compared with mediation and court litigation
| Fonctionnalité | Arbitrage | Thai court litigation |
|---|---|---|
| Decision maker | Arbitrators chosen by the parties | Career judges |
| Langue | As agreed, often English | Thai, with interpreter |
| Appel | None on the merits; setting aside within 90 days | Court of Appeal, then Supreme Court with leave |
| Foreign enforcement | New York Convention, over 170 states | No treaty; new action abroad |
| Confidentiality | Private | Public hearing |
Mediation is different from both: a mediator helps the parties settle but decides nothing, and Thai courts push mediation at the start of every civil case. A settlement reached in court mediation is recorded as a judgment, which makes mediation a genuine alternative for modest disputes, while enforcing a foreign award remains the reason larger contracts choose arbitration.
Foire aux questions
Is a foreign arbitration award enforceable in Thailand?
Yes. Thailand has been a party to the New York Convention since 1959, and the Arbitration Act B.E. 2545 lets a Thai court enforce an award made in another Convention state. The application must be made within three years of the award becoming enforceable, and the court reviews only limited grounds, not the merits.
Can a foreigner act as an arbitrator in Thailand?
Yes. The Arbitration Act does not require Thai nationality, and the 2019 amendment allows foreign arbitrators and foreign party representatives to obtain permission to work on an arbitration in Thailand without the ordinary work permit process.
How much does arbitration cost in Thailand?
It depends on the institution and the amount in dispute. At the Thai Arbitration Institute a small claim involves arbitrator fees of roughly 30,000 baht and no institutional fee; the Thailand Arbitration Center charges an institutional fee plus higher arbitrator fees. Lawyers’ fees are separate and usually the largest item.
Voir aussi : Courts of first instance, Cour d'appel, Penalty clause, Alternative dispute resolution in Thailand, Enforcing a foreign judgment or arbitral award in Thailand ET Thai legal system explained.
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