Article by Anne Coulon, Regional Legal Adviser of DFDL, and
Pisut Rakwong, Founder of Pisut and Partners.
When a dispute arises and arbitration proceedings loom, parties
often need to obtain emergency relief via an injunction or an
interim measure.
Thailand is a party to the UNCITRAL Model Law on International
Commercial Arbitration, and the country's main arbitration law
is the Thai Arbitration Act 2002 ("TAA",
amended in 2019). Yet, the TAA 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.
Instead, the issuance of interim measures and their
enforceability remains to a large extent within the purview of the
local courts. This is manifest in Section 16 of the TAA, which
allows a party to an arbitration agreement to "file a motion
requesting the court to issue an order for interim measures to
protect its interests, before or during the
