Relaxation of Limitations for Foreign Arbitrators or Representatives in Thai Arbitral Proceedings

In an effort to promote Thailand as an arbitration-friendly venue and a regional hub for international arbitral proceedings, the limitations imposed on foreign arbitrators and representatives who are appointed to act in arbitration proceedings in Thailand have been relaxed.

Previously, foreign parties may have been discouraged from choosing Thailand as the venue for arbitration because of concerns on the limited selection of arbitrators and representatives due to restrictions on foreign arbitrators and representatives. Foreign arbitrators were required to undergo an onerous and time-consuming process to obtain a work permit, while foreign representatives were prohibited from acting in arbitration proceedings in Thailand unless the dispute was governed by foreign law or the award would not be required to be enforced in Thailand.

In this Update, we look into the amendments introduced by the Arbitration Act (No. 2) B.E. 2562 (A.D. 2019) (“Arbitration Act (No. 2)“) which expressly allow the appointment of foreigners as arbitrators or representatives, together with remaining restrictions for foreign arbitrators or representatives such as visa requirements.

For more information, click here to read the full Legal Update.

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