Category: Litigation

Importance of Breach of Contract in Thailand

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In Thailand, the concept of a contract is fundamental to both personal and commercial relationships. Whether it involves a real estate transaction, an employment agreement, or a corporate merger, contracts are the backbone of lawful and enforceable promises. However, when one party fails to fulfill their contractual obligations, it results in what is legally recognized as a breach of contract. Understanding the importance of breach of contract under Thai law is essential for individuals and businesses operating in the Kingdom, as it plays a crucial role in maintaining the integrity of business transactions and upholding justice.

Legal Framework Governing Contracts in Thailand

Contracts in Thailand are governed primarily by the Thai Civil and Commercial Code (CCC). The CCC outlines how contracts are formed, interpreted, executed, and what happens when one party fails to comply. According to the CCC, a breach of contract occurs when one party fails to perform their obligations without lawful excuse. This could include non-payment, late performance, delivering substandard goods or services, or refusing to perform altogether.

The CCC provides remedies for the non-breaching party, which may include specific performance, compensation for damages, or contract termination. The severity and type of remedy depend on the nature of the breach and its consequences.

Types of Breach of Contract

Breach of contract in Thailand can be categorized into different types, including:

  1. Material Breach: A substantial failure that defeats the purpose of the agreement.

  2. Minor Breach: A partial or insignificant deviation from the contract terms that does not render the entire contract void.

  3. Anticipatory Breach: When one party clearly indicates they will not fulfill their obligations before the performance is due.

  4. Actual Breach: When a party fails to perform their part of the contract when it is due.

Each type carries different legal implications and may result in various remedies under Thai law.

Importance of Addressing Breach of Contract

1. Ensures Legal Certainty and Trust

One of the most important functions of breach of contract enforcement is to ensure legal certainty in business and personal dealings. In a jurisdiction like Thailand, where foreign investment and tourism are significant to the economy, having a robust legal remedy for contractual breaches builds trust in the system. It assures parties—both local and foreign—that their agreements will be honored and that legal recourse is available in case of violation.

2. Promotes Fairness and Accountability

Holding parties accountable for breaching a contract upholds fairness and discourages opportunistic behavior. For example, if a party unilaterally changes agreed terms or walks away from their responsibilities, they can be held liable. The legal system thus ensures that obligations are not taken lightly and that damaged parties have the means to seek restitution.

3. Encourages Efficient Dispute Resolution

The availability of legal remedies for breach of contract enables faster and more efficient resolution of disputes. Thai courts generally encourage mediation and arbitration, especially in commercial matters. Enforcing breach of contract rules helps resolve conflicts in a structured manner, reducing the time and cost associated with prolonged litigation.

4. Protects Economic Interests

Contracts often involve significant financial transactions and resource commitments. Breach of contract can lead to severe financial loss, disruption in business operations, or even reputational damage. Thai law aims to mitigate these risks by offering legal remedies that compensate the injured party, thus protecting their economic interests.

5. Reinforces Ethical Business Practices

By penalizing those who violate contract terms, the legal system in Thailand promotes ethical and responsible business practices. This is especially important in industries like real estate, construction, and international trade, where breaches can have wide-ranging consequences. A reliable breach-of-contract framework encourages compliance and deters misconduct.

Remedies for Breach of Contract in Thailand

When a contract is breached, the injured party may pursue several remedies under Thai law:

  • Specific Performance: The court may order the breaching party to perform their contractual obligations as originally agreed.

  • Damages: Compensation may be awarded to the injured party to cover losses caused by the breach.

  • Termination: In some cases, the non-breaching party may terminate the contract and seek restitution.

  • Penalty Clauses: Some contracts include pre-agreed penalties for non-compliance, which are enforceable under Thai law unless deemed unreasonable.

In commercial contracts, it is common to include arbitration clauses that specify how disputes will be resolved, including jurisdiction, governing law, and Thailand dispute resolution mechanisms.

Breach of Contract and Foreign Businesses in Thailand

For foreign investors and companies operating in Thailand, understanding breach of contract law is essential. Thailand is a party to several international treaties and conventions, including the New York Convention, which facilitates the enforcement of foreign arbitral awards. This offers foreign parties a level of protection when entering into contracts with Thai entities.

Moreover, the Thai courts recognize and enforce contracts written in foreign languages, provided they comply with public policy and local legal requirements. Thus, breach of contract law in Thailand not only provides domestic protection but also serves as a bridge for international commerce.

Conclusion

The importance of breach of contract in Thailand cannot be overstated. It is a cornerstone of the country’s legal and economic structure, ensuring that agreements are respected, parties are held accountable, and injured individuals or entities have access to fair remedies. Whether for local residents, Thai businesses, or international investors, understanding the legal ramifications of a contract breach is critical to navigating the business and legal environment in Thailand.

Types of Personal Injury Claims in Thailand

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Personal injury claims are legal actions pursued by individuals who have suffered harm due to the negligent, reckless, or intentional actions of another person, company, or entity. In Thailand, personal injury law is primarily governed by the Civil and Commercial Code, with some criminal law applications in more serious cases. While the Thai legal system differs in many ways from Western systems, it offers a structured process for victims to seek compensation.

This article explores the most common types of personal injury claims in Thailand, the legal basis for filing these claims, and important procedural and cultural considerations for individuals seeking redress.

Legal Basis for Personal Injury Claims in Thailand

Thailand’s Civil and Commercial Code outlines the general principles of liability for wrongful acts (known as tort law). According to Section 420:

“A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property, or rights of another person is said to have committed a wrongful act and is bound to compensate the injured person.”

This foundational rule applies to most personal injury cases. Additionally, criminal law may come into play if the injury results from a crime, such as assault or reckless driving.

Damages may include:

  • Medical expenses

  • Loss of income

  • Compensation for pain and suffering

  • Property damage

  • Funeral costs (in wrongful death cases)

Road Traffic Accidents

Road traffic accidents are the most common cause of personal injury claims in Thailand. The country has one of the highest traffic fatality rates in the world. Claims can be made when someone is injured due to:

  • Reckless or negligent driving

  • Drunk driving

  • Motorcycle accidents involving lack of helmet use

  • Unlicensed or underage drivers

Victims may file claims against drivers, car owners, or insurance companies. Thailand requires vehicles to have Compulsory Motor Insurance (Por Ror Bor), which provides basic medical compensation, and most drivers also carry voluntary insurance.

Victims can pursue civil claims for compensation, and in cases of gross negligence or DUI, the offender may also face criminal charges.

Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in patient harm. This includes:

  • Misdiagnosis or delayed diagnosis

  • Surgical errors

  • Improper medication or dosage

  • Failure to obtain informed consent

In Thailand, medical malpractice cases may be handled through civil lawsuits or by filing a complaint with the Medical Council of Thailand, which can take disciplinary action.

While compensation is possible through civil courts, malpractice cases can be challenging to prove and often require expert testimony. Emotional damages, while less recognized than in Western systems, can still be claimed depending on the case.

Workplace Injuries

Employees injured at work are generally covered by Thailand’s Workmen’s Compensation Fund, which provides compensation for medical expenses, lost wages, and rehabilitation. Employers are required by law to contribute to this fund.

However, in cases of employer negligence—such as failure to provide safety equipment, unsafe working conditions, or lack of proper training—an injured worker may pursue a civil lawsuit for additional compensation beyond the fund’s coverage.

Common workplace injury claims include:

  • Construction accidents

  • Industrial equipment malfunction

  • Chemical exposure

  • Repetitive strain injuries

Migrant workers in Thailand are also covered by labor laws and may file injury claims, although enforcement can vary.

Slip and Fall Accidents (Premises Liability)

Premises liability refers to a property owner’s responsibility to ensure their premises are safe. Slip and fall accidents in Thailand may occur in:

  • Shopping malls and supermarkets

  • Hotels and resorts

  • Restaurants and cafes

  • Public sidewalks or transport terminals

If a person slips, trips, or falls due to poor maintenance (e.g., wet floors, broken stairs, inadequate lighting), they may file a personal injury claim against the property owner or management company. To succeed, the claimant must prove that the property owner knew or should have known about the hazard and failed to address it.

Defective Products

If a consumer is injured by a defective or dangerous product, they can file a personal injury claim under Thailand’s Product Liability Act B.E. 2551 (2008). This law holds manufacturers, importers, and sellers strictly liable for harm caused by their products.

Claims may involve:

  • Contaminated food or beverages

  • Faulty electronics or appliances

  • Dangerous toys or children’s products

  • Cosmetic or pharmaceutical side effects

Product liability claims in Thailand do not require proof of negligence—only that the product was defective and caused harm.

Assault and Battery

Injuries caused by intentional acts, such as physical assault, are both criminal and civil matters. Victims can file a police report and also sue the perpetrator for compensation.

Examples include:

  • Bar or nightclub fights

  • Domestic violence

  • Assault by security personnel

In some cases, if the injury occurs on commercial property, the business may be held partially liable for failing to maintain a safe environment.

Dog Bites and Animal Attacks

Owners of pets or domestic animals are liable for damages caused by their animals under Thai law. If a person is bitten or injured by a dog or other animal, the owner may be required to pay compensation.

Claims must demonstrate:

  • Ownership of the animal

  • Lack of reasonable restraint or control

  • Physical or psychological harm suffered

Animal attack cases often occur in residential neighborhoods or near tourist attractions with free-roaming dogs.

Wrongful Death

If a person dies due to someone else’s negligence or intentional act, their family members (typically spouses, children, or parents) can file a wrongful death claim. Compensation may cover:

  • Funeral expenses

  • Loss of financial support

  • Emotional distress

Wrongful death cases may stem from traffic accidents, medical malpractice, workplace injuries, or violent acts.

Cultural and Procedural Considerations

While Thailand has a robust legal system, personal injury claims can be complicated by cultural norms and bureaucratic delays. Key points to consider:

  • Legal representation: Hiring a Thai lawyer familiar with personal injury law is strongly recommended.

  • Out-of-court settlements: Many claims are resolved through negotiation and settlement rather than formal court proceedings.

  • Time limits: Most personal injury claims must be filed within one year of the injury, though this can vary by case type.

  • Language barrier: Official proceedings are conducted in Thai, so non-Thai speakers should ensure they have qualified translators or legal counsel.

Conclusion

Thailand offers multiple avenues for pursuing personal injury claims, whether the harm results from a road accident, medical negligence, unsafe premises, or other forms of misconduct. While legal remedies are available, claimants often face challenges in evidence gathering, court procedures, and proving liability. Understanding the types of personal injury claims and the relevant legal processes can help injured parties navigate the Thai legal system more effectively and seek the justice they deserve.

Medical Malpractice Process in Thailand

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Medical malpractice refers to professional negligence by a healthcare provider that leads to substandard treatment, resulting in harm or injury to a patient. In Thailand, like in many countries, there are legal avenues available for patients to seek redress if they believe they have been victims of medical malpractice. However, navigating the process can be complex due to legal, cultural, and procedural factors. This article provides a comprehensive overview of the medical malpractice process in Thailand, from identifying malpractice to pursuing legal remedies.

What Constitutes Medical Malpractice in Thailand?

Medical malpractice in Thailand typically involves one or more of the following:

  • Misdiagnosis or delayed diagnosis

  • Surgical errors or unnecessary surgery

  • Medication errors

  • Failure to obtain informed consent

  • Inadequate follow-up or aftercare

  • Breach of patient confidentiality

For an act to be considered malpractice, there must generally be evidence of negligence or deviation from accepted medical standards that directly caused harm to the patient.

Legal Framework

The legal framework governing medical malpractice in Thailand includes:

  • The Civil and Commercial Code: This is the main body of law under which most malpractice cases are brought. It allows injured parties to seek compensation for damages.

  • The Criminal Code: In cases involving gross negligence or intent, healthcare providers may face criminal charges.

  • Consumer Protection Act: This can sometimes be used if the medical service is considered a “product” under Thai consumer law.

  • Medical Profession Act: This regulates professional conduct and disciplinary actions through the Medical Council of Thailand.

Initial Steps After Suspected Malpractice

If a patient suspects malpractice, the first step is to document everything:

  • Medical records and test results

  • Names of attending doctors and nurses

  • Communication between patient and provider

  • Photos of injuries or post-surgical conditions (if applicable)

Patients should seek a second opinion from another medical professional, which can help in understanding whether the original treatment was indeed negligent or substandard.

Filing a Complaint

There are several paths to pursue a malpractice claim in Thailand:

a) Filing with the Medical Council of Thailand

Patients can file a complaint with the Medical Council, which is responsible for evaluating professional misconduct. The process includes:

  • Submitting a written complaint

  • An initial review to determine if there is a prima facie case

  • Disciplinary proceedings if the complaint is valid

However, this process does not provide compensation, only disciplinary actions such as suspension or revocation of licenses.

b) Filing a Civil Lawsuit

This is the main avenue for obtaining financial compensation. The patient (plaintiff) must prove:

  • The existence of a doctor-patient relationship

  • The healthcare provider’s negligence

  • Causation between the negligence and the harm

  • The extent of the damage (economic or non-economic)

Civil lawsuits are filed in Thai civil courts, and the process can take months to years.

c) Criminal Complaint

In severe cases, particularly where gross negligence or death is involved, patients can file a criminal complaint with the police. If the public prosecutor decides to proceed, the doctor may face criminal penalties in addition to civil liability.

Evidence and Burden of Proof

In civil cases, the burden of proof lies with the plaintiff. This is often the most challenging aspect of a medical malpractice case. Thai courts require strong and clear evidence that a medical professional acted outside the boundaries of accepted medical practice.

Important types of evidence include:

  • Expert medical testimony

  • Hospital protocols

  • Medical records and treatment plans

  • Witness statements

Because proving negligence can be difficult, many plaintiffs rely on expert witnesses to establish what the standard of care should have been and how the defendant deviated from it.

Compensation and Damages

If a court finds the healthcare provider liable, it may award compensation, which could include:

  • Medical expenses (past and future)

  • Loss of income or earning capacity

  • Pain and suffering

  • Emotional distress

  • Funeral costs (in wrongful death cases)

Thailand does not have statutory limits on damages in medical malpractice cases, but the amount awarded tends to be modest compared to Western standards.

Alternative Dispute Resolution (ADR)

To reduce the burden on courts and avoid lengthy litigation, Thailand also encourages Alternative Dispute Resolution methods such as:

  • Mediation through the Ministry of Public Health

  • Settlements between hospitals and patients

  • Internal review boards at medical institutions

Many hospitals have mechanisms for reviewing complaints and offering settlements. These are less formal and often faster than court cases.

Challenges in the Thai Legal System

Several challenges make pursuing medical malpractice in Thailand difficult:

  • Lack of awareness among patients of their rights

  • Difficulty accessing medical records

  • Delays and backlogs in the judicial system

  • Cultural deference to doctors and reluctance to sue

Additionally, legal costs can be high, and contingency fee arrangements are uncommon. This means many victims may not pursue legal action even when justified.

Recent Reforms and Trends

Thailand has been working to improve patient safety and accountability. Efforts include:

  • Promoting transparency in healthcare

  • Encouraging hospitals to improve complaint mechanisms

  • Training doctors in ethical practices and communication

  • Discussions about creating a medical liability insurance system

These reforms aim to balance the rights of patients with the need to protect healthcare providers from frivolous lawsuits.

Conclusion

Medical malpractice cases in Thailand involve a complex mix of legal, procedural, and cultural factors. Patients who believe they have been harmed by medical negligence should first gather as much evidence as possible and seek a second medical opinion. Filing a complaint through the Medical Council or civil court are viable options, though each has its limitations. Legal advice from a Thai lawyer with experience in malpractice cases is highly recommended. With growing awareness and ongoing reforms, Thailand is slowly moving toward a more balanced system for addressing medical errors and protecting patient rights.

Civil and Criminal Cases in Thailand

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Like all jurisdictions, Thailand distinguishes between civil and criminal cases to ensure justice is served and that the law is upheld. Knowing how these cases work in Thailand is essential for foreign businesses that may face alleged violations of the country’s laws.

In criminal cases, defendants are considered innocent until proven guilty. However, it can take a while for litigation to commence and witness hearings to be conducted.

Torts

Torts in Thailand are a broad category of cases that include any action or omission that violates a person’s rights, including physical health, privacy and property. They also can include negligence that injures a person’s reputation or credit, and defamation. Torts can be remedied by a lawsuit seeking damages and/or an injunction.

Court procedures in Thailand typically begin with the plaintiff filing a complaint. The court may then schedule proceedings to identify the issues and facilitate a compromise between the parties. In some cases, courts may require mediation, particularly in labor disputes in Thailand. In other cases, the judge will determine whether to order a witness hearing and/or a trial.

As a general rule, the burden of proof is higher in civil than criminal cases. In a criminal case, the plaintiff must prove guilt beyond a reasonable doubt, while in a civil case the plaintiff must provide evidence that the defendant’s conduct was unjust or unreasonable.

A prevailing party in a civil dispute can claim attorney’s fees. However, a client’s legal fees must be documented and supported by a bill from the lawyer to be awarded these damages. The prevailing party is not normally granted moral or punitive damages, unlike in many Western countries. In some cases, the court may award a lump sum of damages rather than an ongoing payment plan.

Contracts

A contract is a juristic act that creates mutual legal obligations. When a party breaches its contractual duties, it can be sued for civil damages. Breach of contracts can occur in many areas, including business and property disputes, employment actions, intellectual property conflicts, and divorces. Disputes can be resolved through various formal and informal processes. However, if all other measures have failed to resolve a dispute, filing a lawsuit may be necessary. Understanding how the Thai legal system works and available options for recourse is important for businesses looking to protect their interests in Thailand.

Civil lawsuits in Thailand typically begin with the plaintiff filing a complaint. The court will then schedule witness hearings where both parties present their evidence. Depending on the type of case, the court may also require participants to undergo mediation before proceeding to trial.

A successful civil case will often result in a monetary compensation for the complainant. This compensation is designed to restore the aggrieved party to the position they would have been in had the breach not occurred, and includes actual financial losses incurred. In addition, the court may award punitive damages to deter future similar breaches. These damages are referred to as stipulated or liquidated damages, and can be adjusted by the court if deemed unreasonable.

Property disputes

In Thailand, property disputes arise from a variety of situations. Some involve ownership of land or property rights, such as encroachment. This can occur when one person builds over another’s property boundary, invading their privacy or ruining their view. The law allows for a judge to determine the case based on evidence adduced by the plaintiff and defendant.

Courts typically encourage settlement through mediation, especially in labour disputes and general civil cases. However, in some circumstances, the courts may choose to conduct a preliminary or investigative hearing to examine the claim and decide whether it has merit. The court also imposes fines to penalise parties that violate the terms of a judgment or order.

The Thai judicial system does not utilise juries, and judges decide the outcome of a trial based on their judgement of the evidence presented by both parties. In cases where the plaintiff and the defendant are not satisfied with a judge’s verdict, they can file an appeal to the Court of Appeal or the Supreme Court.

In Thailand, a decision of a foreign court may be used as evidence in a trial if the judgment is authenticated by the relevant embassy or consulate and translated into Thai. The same goes for the decision of a domestic court, which can be used in a legal proceeding.

Defamation

Defamation is an offence under Section 423 of the Thai Penal Code, which defines defamation as “a statement made publicly that damages another’s reputation or credit in any way”. It can be a criminal or civil offence depending on the severity of the defamation. Defamation can be done through written or spoken words, and in addition to the penalties outlined in the Penal Code, offenders could be ordered to pay compensation to the victim.

In recent years, defamation cases have become commonplace in Thailand and have been used to target individuals who raise concerns about human rights violations, labour laws, corruption, or government or corporate failures. In fact, one company alone has been responsible for 39 cases, many of them concerning civil or criminal defamation, against a wide range of people including migrant workers, human rights defenders, journalists, and academics.

For example, a pineapple processing company was involved in a long-running legal battle with British labour activist Andy Hall after he exposed the mistreatment of the company’s workers. He faced repeated charges – sometimes guilty, and sometimes not – for over seven years until he decided to leave Thailand because the endless court appearances were too stressful.

The defamation laws in Thailand are strict and can have serious consequences for foreigners living or working in the country. It’s essential to be aware of the laws and the cultural norms before launching into any public comments. It’s also worth looking for a lawyer who has experience in out-of-court mediation to help you avoid lengthy legal proceedings.

Dispute Resolution in Thailand

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While Thailand is not considered to be a litigious society, many disputes still end up in Thai courts. To unclog court dockets, the Thai government has implemented policy initiatives to encourage the use of alternative dispute resolution methods.

In a mediation, parties select an arbitrator or panel who reviews evidence and arguments to make a binding decision. This provides a more predictable and quicker route to resolution than litigation.

The Judicial System

The judicial system in Thailand is adversarial with the courts handling both civil and criminal cases. There are three tiers of courts in Thailand: Courts of First Instance, the Courts of Appeal and the Supreme Court.

In the case of a criminal matter, the presiding judge has sole discretion to decide guilt or innocence as well as impose a sentence on the defendant. The jury system does not exist in Thailand. The courts in Thailand are mandated to operate impartially and there are many laws in place that protect judicial independence. Judges are not permitted to have vested interests in a case and are also subject to a code of ethics governing their conduct with disciplinary proceedings if they breach this code.

Court proceedings are conducted in the Thai language and witnesses must attend to affirm their testimony as well as be cross-examined. In some proceedings, the judge will actively participate in examining witnesses to ensure impartiality.

Generally, hearings are scheduled in a series of consecutive days and will continue until all evidence has been heard by the court. Alternatively, the judge can use an e-Hearing system which allows witness examinations to be conducted via video and audio recording systems.

In class action proceedings, the court will utilize an inquisitorial system which allows the court to search for additional facts. The court will render a decision at the end of the case and will issue a judgment setting out its findings.

Pre-Action Protocols

The general organisation of Thailand’s courts is adversarial. However, some courts, such as the Administrative Court, Labor Court, Constitutional Court, and Criminal Court for cases involving corruption and misconduct, operate under an inquisitorial system. This means that the courts can order investigations and gather evidence in a non-adversarial manner.

The courts’ jurisdiction in civil matters is determined by applying the principle of actor sequitur forum rei. This means that a claimant can only commence proceedings in the defendant’s court where: (i) the cause of action arose in the jurisdiction of the defendant’s forum; and/or (ii) the defendant is domiciled in the jurisdiction of the defendant’s forum.

Litigants can seek interim relief by filing a petition with the court. The court will examine the request and determine whether it is appropriate to grant such relief. Interim relief can include ordering a freeze on assets or orders to seize property. The court will also consider whether it is appropriate to grant security for costs.

The courts’ powers to render rulings on: (i) damages according to the circumstances and gravity of the breach; (ii) default interest as accrued from the date of committing the wrongful act or due date of the debt; (iii) litigation costs including witness fees, lawyer’s fees and other costs payable by law; (v) specific performance; and/or (vi) injunctions on actions are extensive.

Mediation

Achieving a satisfactory resolution to disputes can take time and money. It is also important to preserve relationships, and mediation is often a better solution than lengthy litigation, especially where it does not involve adversarial proceedings.

As such, it is a key tool in our ADR toolbox, and is particularly effective for Thailand dispute resolution with clients in the commercial, energy, construction, insurance, hotels, real estate, telecommunications, media technology and other sectors where relations can become complex. At DFDL, our team has extensive experience in advising and conducting mediations in the context of disputes across all these industries.

Both out-of-court and court-annexed mediation is available in Thailand. The courts, embracing the culture of the wider Thai society, strongly encourage mediation. Judges often order that the parties to a case attend court-annexed mediation before commencing a full hearing of the matter and they also frequently facilitate conciliation between disputing parties.

In addition, the Dispute Mediation Act 2562 (2019) has introduced an out-of-court mediation process for civil disputes with a value of not more than THB 5 million. If the dispute is resolved by mediation, an enforceable compromise agreement can be filed with the court. This enables parties to save time and money and avoid the long-term impact of litigation on their business relationship. In addition, the enforceable compromise agreement can also protect the rights and interests of disputing parties.

Arbitration

In Thailand, arbitration is one of the most common dispute resolution mechanisms in international commercial transactions. Arbitration is especially favored in the energy, mining and infrastructure sectors due to the preponderance of cross-border business. Arbitration proceedings are similar to litigation, with the disputing parties appointing an arbitrator or arbitration panel to hear evidence and make a decision, in accordance with rules agreed upon by the disputing parties.

While negotiation and mediation are often the preferred methods of alternative dispute resolution in the energy, mining and construction industries, most real estate and construction contracts in Thailand would contain a structured arbitration clause in case a conflict arises. The courts have not been a favored method of dispute resolution in these sectors in Thailand, and the courts are largely adversarial.

However, there are several hindrances to the adoption of arbitration in Thailand that need to be addressed. First, the legal profession and businesses need to be trained on what arbitration is, how to include an arbitration clause in a contract and the benefits of using an arbitration procedure.

Second, the Thai Arbitration Law has not been amended to align with international standards and best practices, which hinders efficiency in arbitration procedures. Third, there needs to be greater effort by the TAI and THAC to promote a culture of international arbitration in the country through training, seminars/webinars and activities with various industry sectors.

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