The convention framework
Thailand acceded to the New York Convention in 1959, and the Arbitration Act B.E. 2545 (2002) governs the recognition and enforcement of foreign arbitral awards. While the framework is broadly supportive, enforcement is not automatic.
The procedural essentials
To enforce a foreign award in Thailand, the award holder must:
- File a duly authenticated original award (or certified copy) with the competent Thai court.
- Provide a certified Thai translation of the award and the arbitration agreement.
- Demonstrate that the award is final and binding in the country of origin.
Grounds for refusal
Thai courts may refuse enforcement on the narrow grounds set out in the Convention — for example, incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, or awards exceeding the scope of the submission to arbitration. Public-policy objections are invoked rarely and interpreted narrowly.
Practical takeaway
Parties who anticipate enforcement in Thailand should ensure their arbitration agreement is clearly drafted, that procedural notices are properly documented, and that the award addresses only the issues submitted. Careful drafting at the front end is the most effective enforcement strategy.