Legal service for foreign clients
Arbitration & Commercial Mediation in Thailand
Faster, confidential resolution that travels across borders.
Quick answer
Arbitration puts the dispute before a tribunal the parties choose; the award binds and is enforceable in over 170 states under the New York Convention, to which Thailand is a party. Mediation is assisted negotiation ending in a settlement agreement a court can endorse. Both are materially faster than running three court levels. We draft the dispute-resolution clause, advocate in the arbitration, and enforce the award.
From THB 80,000 — From 80k per case, excluding institutional fees and arbitrators' remuneration · Arbitration 8–18 months · mediation 1–3 months
Who this is for
- Parties already bound by an arbitration clause and drawn into proceedings
- Cross-border businesses needing an award enforceable in the counterparty's country
- Contractors disputing variations and delay penalties
- Shareholders wanting resolution without public disclosure
- Partners who must keep trading together and prefer to stay out of court
What you receive
- Dispute-resolution clause specifying institution, language, number of arbitrators, and seat
- Filing the request or the answer with exhibits under the institution's rules
- Nominating arbitrators and vetting them for independence
- Advocacy, witness examination, and closing submissions in the arbitration
- Court applications to enforce the award, or to resist enforcement
- Running mediation and drafting an enforceable settlement agreement
Documents to prepare
- The main contract and the dispute-resolution clause relied on
- Correspondence and meeting minutes evidencing the dispute
- Financial records or expert reports proving loss
- Power of attorney and evidence of corporate signing authority
How it works
5-step process
- 1
Check the clause and jurisdiction
Confirm the dispute falls inside the clause and the named institution can still administer it.
- 2
Choose the strategy: mediate first or arbitrate now
Weigh speed, cost, and the commercial relationship you need to protect.
- 3
File and constitute the tribunal
Prepare the request, pay the fees, and nominate arbitrators.
- 4
Run the proceedings
Exchange pleadings, hear witnesses, and present expert evidence.
- 5
Receive the award and enforce
Apply to Thai or foreign courts for enforcement, with certified translations.
In depth
Arbitration & Commercial Mediation: what foreign clients need to know
A commercial dispute need not end in a courtroom. Many trade contracts route disputes to arbitration, a forum where the parties pick decision-makers who understand their industry, control the language of the proceedings, and keep the matter confidential. Mediation, by contrast, fits parties who must keep trading together and want the relationship intact.
An arbitration clause that actually works
A loose clause creates a dispute about the dispute. We therefore pin down five points: the institution or ad hoc framework, the number of arbitrators and how they are appointed, the seat, the language, and the law governing the substance. Those five close off almost every jurisdictional objection.
For cross-border counterparties, the economically decisive point is enforceability where the other side's assets sit. We therefore design the clause backwards from the enforcement destination, not merely from the convenience of the hearing venue.
Cost and time against litigation
Arbitration carries institutional fees and arbitrator remuneration payable up front, so it starts dearer than a first-instance court claim. The saving is at the other end: there is no appeal ladder stretching over years, since an award can be set aside only on the narrow grounds the statute allows.
Mediation is the cheapest of the three and often closes in one to three sessions. What sinks it is rarely the numbers; it is sending attendees without real authority, so we insist the person who can approve a figure is in the room.
Enforcing awards and settlement agreements
An award does not enforce itself. The winning side petitions the court to enforce it within the applicable time limit; once the court issues its order, the matter enters ordinary execution — seizure and attachment.
A mediated settlement should be enforceable from signature — recorded as a compromise judgment or backed by security written into the agreement itself. Settlements without an enforcement mechanism tend to become a fresh lawsuit six months later.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Drafting or repairing the dispute-resolution clause | No government fee | THB 15,000–40,000 per contract | The cheapest work in this group, and it heads off jurisdictional fights |
| Running a full arbitration | Institutional fees and arbitrator remuneration scale with the amount in dispute, payable in advance | From THB 250,000 by amount in dispute and number of hearings | We quote the whole process up front and report actual spend monthly |
| Representing you at mediation | Mediation centre fees vary; court-annexed mediation carries none | THB 25,000–60,000 | Includes agreeing your acceptable range before entering the room |
| Enforcing or challenging an award | Court fees calculated on the amount at the set rates | THB 60,000–150,000 | Time limits are strict; start the moment the award arrives |
A construction dispute closed in two mediation sessions
Situation: The employer withheld a payment for delay; the contractor blamed design changes.
What we did: We tabulated each change instruction against the days work stopped and proposed splitting responsibility by period.
Outcome: A figure was agreed at the second session with a secured payment schedule, and the project finished.
An award enforced against assets located in Thailand
Situation: An overseas client won an award but the Thai counterparty did not pay.
What we did: We petitioned the Thai court to enforce while tracing assets in parallel.
Outcome: The order issued and deposits were attached within four months of filing.
When to act, and when waiting is fine
Choose arbitration when the dispute is technically dense
Decision-makers from the same industry grasp the facts faster and shorten the evidence stage.
Choose mediation when you must keep trading together
Keeping the counterparty is often worth more than the gap being argued over.
Litigate where there is no arbitration clause and you need urgent interim relief
A court's interim order bites more immediately in many situations.
Do not enter mediation without a settled acceptable range
Deciding mid-room without a framework usually ends badly.
FAQ
Frequently asked questions
Can an award be appealed?
Not on the merits; annulment is available only on statutory grounds such as procedural unfairness or excess of mandate.
Is it costlier than court?
Upfront fees are higher, but it ends sooner without three court levels, so total cost is often lower in high-value cases.
No arbitration clause — still possible?
Yes, if the parties later agree in writing to submit the dispute.
The other side ignores the settlement?
Ask the court to enforce the settlement, or sue directly on the agreement.
Are foreign awards really enforceable in Thailand?
Yes under the New York Convention, filed within three years of the award becoming final, with certified translations.
Can proceedings run in English?
Yes if agreed — we plead bilingually and arrange interpreters for hearings.
Can an arbitral award be appealed?
Not on the merits; it can be set aside only on limited statutory grounds such as procedural impropriety.
Without a clause, can we still arbitrate?
Yes, if the parties sign a submission agreement after the dispute arises; we can prepare it.
Is the process genuinely confidential?
In principle yes, though court enforcement of the award is a public proceeding.
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Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.