Thailand - Arbitration - Procedure at the Hearing

Before giving an award, the arbitrators are required to hear all the parties and may make enquiries as they deem appropriate. In the absence of a written agreement of the parties concerned or the order of the court, the arbitrators are also empowered to define issues or disputes and to adopt their own rules and procedures for the hearings. The parties may present evidence and examine or cross-examine witnesses during the arbitration proceedings. Through the authority of the court, the arbitrators may summon documents, subpoena witnesses and request witnesses to testify under oath. The rules of evidence and procedure stipulated in the Civil Procedures Code may be made applicable to arbitration mutatis mutandis. Arbitrators' fees may be fixed by agreement of the parties or by the courts. Witnesses' fees may be fixed by the arbitrators, taking into consideration the "going-rates" which are generally approved by the courts.