The Constitution established a separate system of Administrative
Courts to deal with administrative law and administrative contract
matters. The Constitutional Court was also established to deal with
governmental matters and constitutional questions. The Military
Courts were established to try and adjudicate military criminal cases
and other cases as provided by law. All cases are decided by judges,
as there are no juries.
2.3 Arbitration
Arbitration is available as a means of dispute settlement. Under the
Arbitration Act, B.E. 2545 (2002), written agreements to arbitrate a
dispute are given binding effect by the Courts of Justice or
Administrative Courts, depending on the nature of the dispute. Parties
to an agreement may agree that certain types of disputes should be
resolved by means of arbitration. If an instance of dispute arises and
one party brings the matter to litigation in court, the other party has
the right to object. In this case, the Court will refuse to hear the case
and will order the parties to resolve the dispute via arbitration, in
keeping with the terms of the agreement.
The Arbitration Act also provides that the Courts may enforce foreign
arbitration awards if the parties involved are entitled to rely on the
terms of relevant international conventions. To enforce such an award,
the Court requires that the petitioner submit the originals, or certified
copies of the originals, and Thai translations of the agreement and the
award, as evidence.
The Constitution established a separate system of AdministrativeCourts to deal with administrative law and administrative contractmatters. The Constitutional Court was also established to deal withgovernmental matters and constitutional questions. The MilitaryCourts were established to try and adjudicate military criminal casesand other cases as provided by law. All cases are decided by judges,as there are no juries.2.3 ArbitrationArbitration is available as a means of dispute settlement. Under theArbitration Act, B.E. 2545 (2002), written agreements to arbitrate adispute are given binding effect by the Courts of Justice orAdministrative Courts, depending on the nature of the dispute. Partiesto an agreement may agree that certain types of disputes should beresolved by means of arbitration. If an instance of dispute arises andone party brings the matter to litigation in court, the other party hasthe right to object. In this case, the Court will refuse to hear the caseand will order the parties to resolve the dispute via arbitration, inkeeping with the terms of the agreement.The Arbitration Act also provides that the Courts may enforce foreignarbitration awards if the parties involved are entitled to rely on theterms of relevant international conventions. To enforce such an award,the Court requires that the petitioner submit the originals, or certifiedcopies of the originals, and Thai translations of the agreement and theaward, as evidence.
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