Article 221: Out-of-court arbitration referral

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2546/2547 (2004)

   Section 221 sends out-of-court arbitration to the law on arbitration, so where a special law applies the Code's arbitration provisions to a committee decision, the court reviews and may refuse to enforce that decision under the Arbitration Act if the award is not lawful.

   In a land rent dispute, Section 58 of the Agricultural Land Rent Act applied the Code's rules for enforcing arbitration awards to the provincial land rent committee's decision. The court read this together with Section 221, which points to the Arbitration Act B.E. 2530 then in force, whose Section 24 lets the court refuse to enforce an award it finds unlawful.

2. Arrêt de la Cour suprême n° 4148/2541 (1998)

   Where a committee decision is treated as an arbitration award through Section 221 and the Arbitration Act, the court will render judgment enforcing it if the award is not shown to be unlawful or the product of improper conduct or method.

   The land rent committee had set the buy-back price of leased farmland, and this was treated as a binding arbitration award under Section 58 of the Agricultural Land Rent Act read with Section 221 of the Code and Section 24 of the Arbitration Act B.E. 2530. Because the award was not shown to be unlawful, the court enforced it, and the tenant kept the right to buy the land back at the committee's price.

3. Arrêt de la Cour suprême n° 8294/2540 (1997)

   A decision of a tambon land rent committee is not final while the provincial committee has still to decide appeals by other people claiming to be the tenant. A person relying on such a decision has no power to sue to compel a sale of the land under section 58 of the Agricultural Land Rent Act B.E. 2524.

   The third intervener sued to compel the landowner to sell the disputed land, relying on a tambon land rent committee decision that he alone was the tenant. The Supreme Court held that decision was not yet final, because the provincial committee had not decided appeals by others claiming to be tenants, so he had no power to bring that claim under section 58 of the Agricultural Land Rent Act B.E. 2524. The plaintiffs and the first intervener could still sue on the contract of sale for return of the deposit or for damages. The Court decided no question about enforcing an award under Sections 221, 222 or 218 paragraph two.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.