Thai Domestic Arbitration (THAC · TAI · Court of Arbitration)

อนุญาโตตุลาการภายในประเทศ (THAC · TAI · ศาลอนุญาโตตุลาการ) · § CrossBorder
What to know before you act
Business disputes in Thailand can go to arbitration where the contract provides for it. The main institutions are the Thailand Arbitration Center (THAC) and the Thai Arbitration Institute (TAI) of the Office of the Judiciary. Benefits are confidentiality, industry-aware arbitrators and limited grounds to challenge awards under the Arbitration Act B.E. 2545. We draft enforceable clauses, prepare statements of claim, select arbitrators and enforce awards in court.
Timing and external dependencies: Proceedings usually run from several months to over a year depending on complexity.
Official fee: Institution and arbitrator fees scale with claim value — check the current THAC or TAI schedule.
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.
- Original contract + arbitration clause (§14 requires written form)
- 30-day demand letter (customary)
- Itemised claim (principal, interest, LDs, costs)
Legal Basis
Thai Arbitration Act B.E. 2545 (as amended 2562/2019) · THAC Rules 2023 · TAI Rules 2017 · Thai CCC §850 (settlement contract) · CPC §221 (award enforcement).
📚 Official sources — check the current law and procedure before acting
- สำนักงานศาลยุติธรรม— Court of Justice
- กรมบังคับคดี— Legal Execution Department
- สถาบันอนุญาโตตุลาการ (THAC)— Thailand Arbitration Center
- กรมที่ดิน— Department of Lands
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
Thai-Thai or Thai-foreign parties electing a Bangkok seat · government construction contractors · Thai state FIDIC contracts · family businesses avoiding public court exposure.
Required Documents
- Original contract + arbitration clause (§14 requires written form)
- 30-day demand letter (customary)
- Itemised claim (principal, interest, LDs, costs)
- Witness statements + expert reports (quantum, delay)
- Notarised PoA + quoted separately stamp duty
- Digital evidence with chain of custody.
Common Pitfalls
- Ambiguous clauses naming no institution or seat
- State contracts lacking the required approval to arbitrate
- Missing the deadline to apply for enforcement
Typical Use-cases
- 8-lane road contractor vs DoH · THAC · the statutory threshold award + 7.5% interest.
- Condo developer vs buyer group · TAI · rescission + the statutory threshold refund.
- SME IP licence · THAC expedited · 5-month award · the official rate.4M.
- Family shareholder dispute · confidential THAC · the statutory threshold buy-out.
FAQ
- Is arbitration always faster?
- Not always; it depends on the parties and case management.
- Can I sue if the contract has an arbitration clause?
- The other side can ask the court to strike the case.
- Can an award be appealed?
- No ordinary appeal; only set-aside on statutory grounds.
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Official sources — legal services
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.






