Section 215 — Arbitrator frames the issues
Statutory text (Thai original)
เมื่อได้ตั้งอนุญาโตตุลาการขึ้นแล้ว ถ้าในข้อตกลงหรือในคำสั่งศาล แล้วแต่กรณี มิได้กำหนดประเด็นข้อพิพาทไว้ ให้อนุญาโตตุลาการกำหนดประเด็นข้อพิพาทเหล่านั้น แล้วจดลงในรายงานพิสดารกลัดไว้ในสำนวนคดีอนุญาโตตุลาการ
English translation
When an arbitrator has been appointed, if the agreement or the court's order, as the case may be, does not specify the issues in dispute, the arbitrator shall determine those issues and record them in a detailed report to be attached to the arbitration case file.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 215 ensures the in-court arbitration has a defined scope. Ordinarily the issues to be decided come from the parties' agreement under Section 210 or the court's order appointing the tribunal. Where both are silent, this section makes it the arbitrator's duty to frame the issues in dispute, mirroring the court's own task of settling issues in ordinary proceedings. The requirement to record them in a detailed report attached to the arbitration file creates a clear written record of what the arbitrator was empowered to decide, which matters later when the award is examined and enforced through the court. It works together with Section 216 on how the arbitrator then conducts the inquiry.
Why this matters in practice
The scope of the issues framed under Section 215 defines what the arbitrator can and cannot decide, so it is worth engaging with it early. Where you can, specify the issues clearly in the agreement or ask the court to set them, rather than leaving the arbitrator to frame them alone. If the arbitrator defines the issues, review the detailed report carefully, because an award that strays beyond the recorded issues may be open to challenge. Our arbitration guide explains how the scope of a reference shapes the outcome.
Frequently asked questions
Who decides the issues in an in-court arbitration?
The issues usually come from the parties' agreement or the court's order. Under Section 215, if neither specifies them, the arbitrator determines the issues and records them in a detailed report in the arbitration file.
Why does the arbitrator record the issues in a report?
The detailed report attached to the file provides a written record of what the arbitrator was empowered to decide under Section 215, which is important when the award is later examined and enforced through the court.