International Arbitration Guide

Thailand

Duensing Kippen

Describe the international arbitration governing bodies/structure in your jurisdiction.

International arbitration procedure is governed by the Arbitration Act (2002) which is based on the 1985 version of the UNCITRAL Model Law. The Act largely follows the Model Law, but there some significant differences: the Act does not include Article 1 of the Model Law and thus makes no distinction between international and domestic arbitration; the Act allows for greater court intervention in the arbitration proceedings than provided for by the Model Law; the Act defaults to Thai law.

Describe any unique circumstances in your country that affect international arbitration (i.e., change in government, etc.).

Recent changes in the Arbitration Act make it possible for foreign practitioners to act as arbitrators. However, visa and work permit requirements must still be adhered to. In the case of institutional arbitration in Thailand, specific, less stringent, visa and work permit requirements are available.

Please provide a brief overview of your firms international arbitration capabilities (team members, experience as litigators in arbitration as well as experience as arbitrators).

Jerrold Kippen: Fellow of the Chartered Institute of Arbitrators (FCIArb); acted as party representative in dozens of of international arbitrations and sat as a solo/panelist arbitrator 5/2 times. Olaf Duensing: (FCIArb); acted as party representative in dozens of of international arbitrations and sat as a solo arbitrator twice. Weeraya Kippen: (FCIArb); acted has as party representative in 14 international arbitrations.

In which areas does your firm handle arbitration? (i.e., international investment, infrastructure, public works, energy, construction, etc.)

Primarily, international investment (including public/private infrastructure) and other construction, particularly FIDIC contract related disputes.

Which industries does your firm serve in this area (i.e., energy, insurance, public concessions, etc.)?

Private parties but also public/private concessions, in construction and development.

Does your firm provide lawyer representation or certified arbitrator resources, or both? Please describe.

Yes, both. Jerrold Kippen (Licensed Attorney-California, USA and FCIArb); Olaf Duensing (Licensed Attorney-Germany and FCIArb); Weeraya Kippen (Licensed Attorney-Thailand and FCIArb).