Browsing Journal Articles by Subject "Arbitration"
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Itemโอกาสที่ประเทศไทยจะประยุกต์ใช้การระงับข้อพิพาทแบบผสม(คณะนิติศาสตร์ มหาวิทยาลัยอัสสัมชัญ, 2561) ปถวี ศุขกิจThis article is an additional to the major contents of the doctoral thesis of the author which aims at the pros and cons of med-arb in international commercial arbitration. Mediation and arbitration are alternative dispute settlement mechanisms, which have slightly different characteristics, but they are used in combination in many countries around the world, including Canada, the United States, China, Hong Kong and other civil law jurisdictions and known as both “Med-Arb” and “Arb-Med”, depending on which process was initiated first. Med-Arb is one of the conflict resolution mechanisms in which both mediation and arbitration is combined. In the process of Med-Arb, the same third-party neutral plays both roles of mediator and arbitrator. If the parties choose to initiate the process using mediation and the dispute remains unresolved, it will then move to arbitration. Laws and regulations of Thai mediation and arbitration are also being currently discussed and there is no record of med- arb ever being used in Thailand. The purpose of this article is to lend one more voice to the debate about the way for Thailand looking to the future to collaborate on improving the arbitration process by drawing a picture of the formation of Med-Arb. The adoption of an alternative method of Med-Arb is proposed as a prospective solution that can help to improve the efficiency of alternative dispute resolution (ADR) in the context of Thai ADR. The preconception of the success or failure of Med-Arb in international commercial arbitration is also challenged in this article, along with the principle impartiality of behavior of arbitrators and mediators, the enforcement of arbitral awards, disputing parties and arbitral centers in cooperation with the Med-Arb model. This is followed by a discussion of the practical problems that arise from the application of Med-Arb in the context of Thai law. Some suggestions will be made for Thailand to apply Med-Arb and the way to set up future reform in order to step forward to become the center of international commercial arbitrations in the future.