Non-signatories And Arbitration Agreements Under Thai Law

Arbitration under Thai law rests on consent. Section 11 of the Arbitration Act B.E. 2545 (2002) requires an arbitration agreement to be in writing and signed by the parties. This may also be satisfied by communications, an unchallenged allegation in pleadings, or incorporation by reference to a document containing an arbitration clause. A non-signatory cannot, as a general rule, be compelled to arbitrate merely because it participated in the transaction, received a benefit, or belongs to the corporate group of a signatory. Thai law nevertheless permits arbitration agreements and awards to affect third parties indirectly in limited circumstances.

Under section 24, an arbitration clause is separable from the main contract; the invalidity of the contract does not invalidate the clause. In Supreme Court Judgment No. 3918/2563, an apparent sales contract concealed a construction contract and was void under the Civil and Commercial Code. However, the concealed construction contract and