Construction Arbitration (FIDIC · DAB/DAAB · SCL Delay Protocol)

อนุญาโตตุลาการก่อสร้าง (FIDIC · DAB/DAAB · SCL Delay Protocol) · § CrossBorder
What to know before you act
FIDIC contracts impose strict pre-arbitration steps. Contractors must give notice of claim on time (28 days from awareness under the 2017 editions) or risk losing the claim. Disputes then go to a DAAB before arbitration. Common issues are extensions of time, delay damages, variations and bond calls. We audit notice systems during projects, prepare evidenced claims and act in DAAB and arbitration.
Timing and external dependencies: DAAB decisions follow contractual time limits; arbitration often exceeds a year.
Official fee: DAAB and arbitrator fees follow the contract and institution.
Timing is not a promise of an outcome or hearing date. Check the notice, limitation period and current authority rules for your matter.
What to send for the first review
Send every relevant page, a dated sequence of events, any hearing or filing deadline, and the outcome you need. This lets counsel identify urgent steps, missing evidence and a precise scope of work.
- Contract Data + Particular Conditions (mark-up) + drawings register
- Primavera P6 baseline + monthly updates + as-built
- Site Instructions + RFIs + Variation Orders + IPCs
Legal Basis
FIDIC Red / Yellow / Silver / Gold 2017 · SCL Delay & Disruption Protocol 2nd ed. 2017 · AACE RP 29R-03 · ICC Rules 2021 (default clause 21.6) · UNCITRAL Model Law · Thai Arbitration Act 2545.
📚 Official sources — check the current law and procedure before acting
- สถาบันอนุญาโตตุลาการ (THAC)— Thailand Arbitration Center
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
Main/subcontractors on FIDIC projects (power plants, MRT, airports, refineries) · Employers/PMs defending variations/EOT/prolongation claims · lenders assessing dispute risk · insurers paying performance bonds.
Required Documents
- Contract Data + Particular Conditions (mark-up) + drawings register
- Primavera P6 baseline + monthly updates + as-built
- Site Instructions + RFIs + Variation Orders + IPCs
- Delay narrative + TIA or windows analysis
- Quantum via measured mile / modified total cost + timesheet backup
- Correspondence chain + Aconex / BIM 360 log.
Common Pitfalls
- Notices beyond 28 days
- No daily records or progress photos
- Skipping DAAB and going straight to arbitration
Typical Use-cases
- MRT contractor · Yellow Book · 385-day EOT + USD 42M prolongation · ICC · 68% pre-award settle.
- Refinery EPC · Silver Book · USD 88M variation · SIAC · USD 61M award + interest.
- Airport terminal · Red Book · USD 23M disruption · DAAB then arbitration · full recovery.
- Power plant sub · Yellow Book · concurrent delay · 60/40 owner/contractor apportionment.
FAQ
- Can Thai state contracts use FIDIC?
- Some do, but arbitrating with the state requires legal approval.
- Is a DAAB decision binding?
- Binding to comply with until revised by agreement or award.
- What if the employer calls the bond wrongly?
- Urgent interim relief may be possible — assess immediately.
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The information on this page follows the official sources below. Always check the latest version before you file.
- Office of the Judiciary— Office of the Judiciary
- Ministry of Justice— Ministry of Justice
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
- Royal Thai Government Gazette— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: a fee quoted after review million of paid-up registered capital per foreign work permit, or a fee quoted after review million if the foreigner is married to a Thai national, and a fee quoted after review million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






