Section 212 — Arbitrator's consent required
Statutory text (Thai original)
ข้อความในหมวดนี้มิได้ให้อำนาจศาลที่จะตั้งบุคคลใดเป็นอนุญาโตตุลาการโดยมิได้รับความยินยอมจากบุคคลนั้น
English translation
Nothing in this Chapter empowers the court to appoint any person as arbitrator without that person's consent.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 212 is a short but important limit on the court's appointment power under Section 211(4). While the court may reject the parties' nominees and appoint an arbitrator itself, that power stops at the individual's consent: serving as an arbitrator is voluntary. The provision protects prospective arbitrators from being conscripted and ensures the tribunal is composed only of willing members, which supports the legitimacy and workability of the in-court arbitration. It reads naturally with Section 216, under which the arbitrator conducts the inquiry, and with the challenge and replacement rules in Section 213.
Why this matters in practice
In practice this means you should secure a prospective arbitrator's agreement before proposing the name, whether to the other side or to the court. A nominee who has not consented cannot be compelled to act, which can stall the process if you nominate someone who later declines. Line up a willing, qualified arbitrator in advance. Our arbitration guide explains how tribunals are constituted in Thailand.
Frequently asked questions
Can the court force someone to serve as an arbitrator?
No. Section 212 makes clear that nothing in the chapter lets the court appoint any person as arbitrator without that person's consent, so serving is always voluntary.
What if a nominated arbitrator does not agree to serve?
A nominee who does not consent cannot be compelled under Section 212. The parties or the court must find another willing arbitrator, which is why consent should be secured before nomination.