Arbitration Act B.E. 2545 (2002)
Recognises arbitration agreements and enforcement of awards, including foreign awards.
Practice area
Mediation, Arbitration & Enforcement
Resolving disputes outside court and making awards effective
Faster, lower-cost routes out of a dispute — negotiation, mediation and arbitration — plus enforcement of judgments and awards, including asset tracing before you commit to litigation.
What this practice covers
- Negotiation and drafting of settlement agreements
- Pre-litigation and court-annexed mediation
- Commercial arbitration and arbitration clauses
- Judgment enforcement: seizure, garnishment and auction
- Asset tracing and assessment of a debtor’s ability to pay
- Recognition and enforcement of foreign arbitral awards in Thailand
How we work on your matter
- 1Assess the claim and the evidence actually available
- 2Trace assets to see whether enforcement is worthwhile
- 3Issue formal notice and open negotiations
- 4Proceed to mediation or arbitration per the contract
- 5Enforce the settlement, judgment or award
Documents to prepare
- The contract containing the dispute-resolution clause
- Evidence of the debt, invoices and payment history
- Demand letters and proof of delivery
- The judgment or award to be enforced
- Any known information about the debtor’s assets
Points to watch
- Judgments have a statutory enforcement period; if it lapses, enforcement is no longer possible.
- Winning is not the same as being paid — trace assets before investing in litigation.
- A poorly drafted arbitration clause creates a second dispute about jurisdiction.
Typical timeframe
Cooperative mediation often concludes within weeks; enforcement timing depends on the asset type and the Legal Execution Department process.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
Arbitration in Thailand: when it suits better than court
Arbitration suits commercial disputes where the parties want confidentiality, speed and a decision-maker with specialist expertise. An arbitral award is binding and enforceable under the Arbitration Act B.E. 2545 without re-litigating the merits.
The key requirement is a written arbitration agreement, usually embedded in the contract from the start. Without one, the other party must consent afterwards — difficult once a dispute exists. Good drafting specifies the institution, seat and applicable rules clearly.
For cross-border disputes, foreign arbitral awards are enforceable in Thailand under the New York Convention, to which Thailand is a party. Foreign court judgments, by contrast, generally cannot be enforced directly — a new action must be filed using the judgment as evidence.
Enforcement: turning a judgment into actual recovery
Winning a case is only half the journey. If the defendant does not pay voluntarily, you must obtain a writ of execution to seize or garnish assets and sell them at auction. This process runs through the Legal Execution Department with its own procedures.
Tracing the defendant’s assets before or during litigation helps assess whether suing is worthwhile. If the defendant holds no assets in Thailand, a judgment may be worth little in practice. We always conduct preliminary asset tracing before you decide.
Interim measures — such as pre-judgment attachment — prevent assets being dissipated during the case, but courts grant them only on sufficient grounds and the applicant may have to post security for potential damages. Requesting them requires careful weighing.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Dispute Mediation Act B.E. 2562 (2019)
Gives statutory mediation settlements binding effect, saving time and cost versus litigation.
Civil Procedure Code
Provides for court-annexed mediation and consent judgments.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: arbitration clause ignored and a suit filed
Situation: Despite an arbitration clause, the counterparty files in court.
Usual approach: Raise the arbitration agreement within the statutory window or risk waiver, while weighing the cost of both routes. (Hypothetical.)
Advice for your specific situation
Commercial parties
- Draft the dispute clause fully: institution, language, number of arbitrators and seat.
- Mediation is usually most valuable where the business relationship must continue.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
Official sources you can check
Rules and fees change. Confirm current requirements with the responsible authority before filing.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Mediation, Arbitration & Enforcement — BangkokMediation, Arbitration & Enforcement — Chiang MaiMediation, Arbitration & Enforcement — PhuketMediation, Arbitration & Enforcement — ChonburiMediation, Arbitration & Enforcement — Khon KaenMediation, Arbitration & Enforcement — Udon ThaniMediation, Arbitration & Enforcement — Nakhon RatchasimaMediation, Arbitration & Enforcement — SongkhlaMediation, Arbitration & Enforcement — Surat ThaniMediation, Arbitration & Enforcement — Chiang RaiMediation, Arbitration & Enforcement — RayongMediation, Arbitration & Enforcement — Nonthaburi
Frequently asked questions
Can a foreign arbitral award be enforced in Thailand?
Thailand is a party to the New York Convention, so foreign awards can be enforced through the Thai courts, subject to the statutory conditions and exceptions.
Can I still sue after mediation fails?
Yes, provided you have not signed a settlement that extinguishes the claim — always have the draft reviewed first.
Related services
Other practice areas
Litigation & Court RepresentationCivil, criminal, labour, family, succession and land disputesCorporate & CommercialIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign NationalsVisas, work permits, residency and lawful statusIntellectual PropertyTrademarks, copyright, patents and enforcementLand & Real EstateTitle due diligence, sale, lease and transfer at the Land OfficeFamily & SuccessionMarriage, divorce, custody, wills and estate administrationNotarial Services & International DocumentsSignature and document certification, translation, consular and embassy legalisationBOI Promotion & Foreign Business LicensingStructuring foreign investment in Thailand correctly from day one.Tax, Accounting & Employer ComplianceKeeping every statutory tax and accounting deadline under control.PDPA & Data Protection ComplianceBuilding data protection practices that match Thailand’s PDPA.Condominium & Foreign Property OwnershipChecking title, documents and transfer before a major payment is made.Employment & Labour LawAdvising employers and employees under the Labour Protection Act.Integrated Legal Support ServicesInterpreters, documents, agency runs and case tracking in one place.Judgment Enforcement & Asset TracingTurning a judgment into actual recovery through lawful tracing, seizure and attachment.M&A & Legal Due DiligenceChecking what you are buying and structuring the deal so it can actually close.Administrative Law & Appeals Against State DecisionsChallenging unfair administrative decisions through the correct procedure and deadlines.Cybercrime, Online Fraud & Asset RecoveryActing quickly when money is transferred by deception or rights are violated online.Company Secretarial & Corporate RegistrationsKeeping registrations, meetings and statutory records complete and on time.Wills, Succession & Estate AdministrationDrafting wills that hold up, and administering estates correctly under Thai law.Monthly Retainer Counsel for Businesses & ExpatriatesA standing legal team that knows your business, without hiring in-house staff.
Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.