Arbitration & ADR

As a leading arbitration lawyer Thailand clients trust, Duensing Kippen provides comprehensive dispute resolution services through arbitration and alternative dispute resolution (ADR).

Arbitration is a binding form of dispute resolution in which parties agree to have their dispute decided by one or more independent arbitrators rather than by a court. The arbitrator’s decision — known as an award — is legally enforceable in Thailand and in over 160 countries under the New York Convention.

Thailand has a well-established arbitration framework governed by the Arbitration Act B.E. 2545 (2002). The Thai Arbitration Institute (TAI) and Thailand Arbitration Center (THAC) both offer institutional arbitration services in Bangkok. For cross-border disputes, many of our clients also choose international institutions such as the Singapore International Arbitration Centre (SIAC), one of the leading arbitral bodies in Asia, particularly where contracts involve counterparties outside Thailand.

Why Choose Arbitration Over Litigation

Arbitration offers several advantages over traditional court litigation, particularly for international investors and businesses operating in Thailand:

• Confidentiality — Unlike court proceedings, which are generally public, arbitration hearings and awards remain private, protecting sensitive commercial information.
• Neutrality — Foreign parties often prefer arbitration to avoid the perception (real or otherwise) of home-court advantage in local courts.
• Enforceability — Arbitral awards are more easily enforced internationally than foreign court judgments, thanks to the New York Convention.
• Speed and flexibility — Parties can select arbitrators with specific subject-matter expertise and agree on procedural rules tailored to the dispute, often resulting in faster resolution than litigation.
• Finality — Arbitral awards are generally not subject to appeal on the merits, providing certainty and closure.