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Interim Injunctions and Emergency Arbitration in Thailand

Article by Anne Coulon, Regional Legal Adviser of DFDL, and Pisut Rakwong, Founder of Pisut and Partners.

DFDL is pleased to announce that an article co-authored by Anne Coulon (Regional Legal Adviser – Consultant) and Pisut Rakwong (Founder, Pisut and Partners) has been published in the August issue of T-AB Magazine.

The article, “Interim Injunctions and Emergency Arbitration in Thailand,” examines the options available to parties in an arbitration agreement who want to request an interim injunction or other provisional measures. T-AB Magazine is a publication of the American Chamber of Commerce in Thailand (“AMCHAM”).

As the authors point out, the Thailand Arbitration Act 2002 (amended in 2019) does not contain provisions for the appointment of an emergency arbitrator and does not provide a mechanism for an arbitral tribunal to issue interim measures.

This lack of flexibility, led the authors to conclude the article with the following recommendation: “Thailand does not only need legislative amendments to incorporate provisions on ‘emergency arbitration,’ but also needs a systemic enforcement procedure incorporated in accordance with the UNICITRAL Model Law, adopting 2006 amendments.”

Click here to read the article in T-AB Magazine.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.