Thailand: Litigation, Mediation & Arbitration

Thai law offers no explicit guidance on how arbitration and insolvency interact, leaving practitioners to navigate the intersection of two separately drafted statutes—the Bankruptcy Act and the Arbitration Act—without settled rules. Key questions about representation, enforcement of awards, and the treatment of foreign insolvency proceedings depend on inference from general principles rather than express provisions.

Thailand's recent amendment to the Civil Procedure Code has reduced execution officer fees and eliminated certain costs where enforcement proceedings conclude before assets are sold.

The International Chamber of Commerce has unveiled its 2026 Arbitration Rules, introducing significant procedural reforms that reshape the arbitration landscape. From eliminating mandatory Terms of Reference to expanding expedited procedures and strengthening arbitrator disclosure requirements, these changes promise to enhance efficiency while maintaining the flexibility and integrity that define ICC arbitrations.