This article considers the various modes of dispute
resolution used the most in Thailand, with particular reference to
several key industry sectors of Thailand.
Even where significant commercial interests are at stake, a
dispute need not necessarily lead to an all-out confrontation. The
opposing parties may attempt to settle their dispute through
negotiation, and sometimes, mediation. Negotiation is a widely used
mode of dispute resolution, featuring in most standard arbitration
clauses in Thailand. Mediation is also very fitting as a mode of
dispute resolution as it supports the resolution of a dispute
through a deliberated focus on shared interests by the parties.
Yet, this method is not extensively used in Thailand outside the
courts, partly because of the difficulties of enforcing a mediated
settlement and due to the absence of a universally recognised
framework for the direct enforcement of international mediated
settlement agreements (a gap that the 2019 UN
