Mediation in Thailand

Autori

  • Warathorn Wongsawangsiri Herbert Smith Freehills LLP

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART10

Abstract

As mediation has been gaining popularity in recent years, this paper outlines the general perception and requirements of mediation, including international mediation, in Thailand. Considering the supportive measures stipulated in the laws of Thailand and the high likelihood of Thailand’s accession to and ratification of the Singapore Convention on Mediation, although there are certain procedural complications in the horizon, mediation is likely to have a glittering future in the legal landscape of Thailand.

Biografia autore

Warathorn Wongsawangsiri, Herbert Smith Freehills LLP

Managing Partner, Thailand, Herbert Smith Freehills LLP, is regarded as one of the market’s leading and talented advocate with almost 20 years of experience in Thailand and Asia. His expertise spans across a spectrum of industries, including aviation, energy (oil and gas and renewable), hotels and real estate, insurance, as well as telecommunications and media technology. He has worked extensively with clients throughout the entire dispute resolution processes including litigation, domestic and international arbitration (TAI, THAC, ICC, SIAC and HKIAC) and mediation. Aside from being an experienced litigator, Warathon is also an arbitrator appointed by SIAC, THAC and TAI. Outside of legal practice, he is also a Facilitator of various programmes offered by the Thai Institute of Directors, a Guest lecturer at several Thai law schools, and a Board member of a listed company.

Riferimenti bibliografici

ADR; ARBITRATION. Mediation & Conciliation. Juslaws & Consult International Law Firm. Available at: https://www.juslaws.com/adr-arbitration/mediation-conciliation.

BAKER; MCKENZIE. Dispute Resolution Around the World. Baker & McKenzie, 2011. Available at: https://www.bakermckenzie.com/-/media/files/insight/publications/2016/10/dratw/dratw_thailand_2011.pdf?la=en.

CCPIT; CCOIC Mediation Center. Thai Mediation Center. Asian Mediation Association. Available at: http://amaconference2016.ccpit.org/EN/AboutAMA/37928358-1d80-44ca-bd68-76ca207caaf1.html.

CHICARELLI, M. Mediation in Thailand: Settle Disputes Before Litigation. GPS Legal, 5 Mar., 2021. Available at: https://gps-legal.com/dispute-resolution/mediation-in-thailand-settle-disputes-before-litigation/.

MUNSGOOL, P. Mediation Developments In Thailand. Weinstein International Foundation. Available at: https://weinsteininternational.org/thailand/thailand-bio/.

RUEANGKUL, K.; COULON, N.; TREEPHETCHARA, N. Mediation: A Star in the Making as a Dispute Resolution Method for Commercial Disputes (Focus on Thailand). DFDL, Nov. 25, 2021. Available at: https://www.dfdl.com/resources/legal-and-tax-updates/mediation-a-star-in-the-making-as-a--dispute-resolution-method-for-commercial-disputes-focus-on-thailand/.

SANOND, P. Thailand encourages mediation of certain disputes as an alternative to litigation. PriceSanond Lawyers, Nov. 13, 2020. Available at: https://www.pricesanond.com/blog/thailand--encourages-mediation-of-certain-disputes-as-an-alternative-to-litigation.php.

SIAM LEGAL. Mediation in Thailand. Siam Legal. Available at: https://www.siam-legal.com/litigation/mediation-in-thailand.php.

SZE, J.; TATHONG, N. Settling disputes by mediation in Singapore and Thailand. Asia Business Law Journal, Nov. 10, 2021. Available at: https://law.asia/disputes-mediation-singapore-thailand/TILLEKE; GIBBINS. Amendments to Thailand’s Civil Procedure Code to Allow Civil Mediation before Litigation. Tilleke&Gibbins, Sept. 16, 2020. Available at: https://www.tilleke.com/insights/amendments-thailands-civil-procedure-code-allow-civil-mediation-litigation/.

Available at: https://oppb.coj.go.th/th/content/category/articles/id/8/cid/67.

Mediation: Aspect in Thailand. Thailand Arbitration Center, February 1, 2021. Available at: https://thac.or.th/th/mediation-aspect-in-thailand/.

Downloads

Pubblicato

2023-12-28

Fascicolo

V. 5 N. 9 (2023): Jan./Jun.

Sezione

Artigos

Licenza

No royalties or other compensation shall be due for the publication of the works. 

The opinions expressed by the authors of the articles and reviews are their sole responsibility.