Arbitration & ADR
What is Arbitration?
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.
Our Arbitration Services
We represent clients in arbitration proceedings before TAI, THAC, ICC, SIAC and other institutions — acting for both claimants and respondents across a wide range of commercial disputes, including contract, construction, real estate, shareholder, and cross-border investment disputes.
Our accredited arbitrators also accept appointments as sole arbitrators or panel members. We handle everything from drafting arbitration clauses through to enforcement of awards in Thai courts.
We also advise clients at the contract-drafting stage on arbitration clauses to reduce future dispute risk, and offer mediation and conciliation as alternatives to formal arbitration where appropriate.
Experience Across Borders
With offices in Bangkok and Phuket and a network spanning 45 countries, our team combines deep knowledge of Thai arbitration law with the cross-border experience international clients expect from an arbitration lawyer Thailand relies on — handling disputes involving foreign investors, joint ventures, and international commercial relationships.
If you are facing a commercial dispute and considering arbitration in Thailand, contact Duensing Kippen to discuss your options with an experienced arbitration lawyer Thailand businesses have trusted for over two decades.
Duensing Kippen is recognized as having qualified and experienced arbitration lawyers Thailand businesses and international investors turn to for complex commercial disputes.
Dispute Resolution & Commercial Litigation is one of several legal services available in Thailand — for related matters, see our Dispute Resolution & Commercial Litigation practice. You can also read more on Arbitration & ADR and related legal developments in our Publications section.”
Why Arbitration in Thailand?
Arbitration offers significant advantages over Thai court litigation — proceedings are private, the parties choose their arbitrator, and awards are enforceable in over 160 countries. For international businesses, arbitration is almost always the preferred mechanism for dispute resolution.
Arbitration typically concludes in 12–24 months compared to 3–7 years for Thai court proceedings. The language of proceedings can be English, making it far more accessible for international parties than Thai court litigation.
Our Arbitration Team
Olaf Duensing is a Senior Partner with extensive experience in commercial litigation and arbitration across Thailand. Both attorneys advise clients on arbitration strategy, procedure, and enforcement.
Jerrold Kippen — Senior Partner, FCIArb. Over 20 years of arbitration experience in Thailand. Accepts appointments as sole arbitrator and panel member in domestic and international proceedings.
Weeraya Kippen — Partner, FCIArb, licensed Thai Barrister and Notarial Services Attorney. Advises on arbitration proceedings and represents clients before Thai courts and international tribunals.
Frequently Asked Questions
What is arbitration in Thailand?
Arbitration is a private dispute resolution process where parties agree to have their dispute decided by an independent arbitrator or panel, rather than through Thai court litigation, often under institutional rules such as THAC or SIAC.
Is arbitration faster than litigation in Thailand?
Generally, yes. Arbitration typically resolves disputes faster than court litigation and offers greater confidentiality, though timelines vary depending on case complexity.
Are arbitration awards enforceable in Thailand?
Yes. Thailand is a signatory to the New York Convention, meaning both domestic and foreign arbitral awards are generally enforceable in Thai courts.
Does Duensing Kippen represent clients in international arbitration?
Yes. The firm’s attorneys are internationally certified by the Chartered Institute of Arbitrators and represent clients in both domestic and cross-border arbitration matters.
How many of Duensing Kippen's attorneys are certified in arbitration?
Currently, three of the firm’s attorneys are Fellows of the Chartered Institute of Arbitrators (FCIArb), and the firm represents clients in both domestic and cross-border arbitration matters.
Speak with an Arbitration Lawyer in Thailand
Contact our Bangkok or Phuket office and one of our attorneys will be happy to discuss your matter.