Foreigners may now be appointed as arbitrators or representatives in Thailand, but are required to obtain visas or work permits, as the case may be. Pursuant to the Arbitration Act (No.2) B.E. 2562 (A.D. 2019) ("Arbitration Act (No.2)") which came into force on 15 April 2019, a foreign arbitrator or representative in an arbitration conducted by the Thai Arbitral Institute ("TAI") or the Thailand Arbitral Center ("THAC") may obtain a certificate issued by TAI or THAC for the consideration of Thai officials in their issuance of a work permit. After receiving such certificate, the foreign arbitrator or representative may begin to perform his/her duties without having to wait for the issuance of his/her work permit. Another alternative is to apply for Smart Visas for foreign experts working in the alternative dispute resolution ("ADR") sector by producing documents proving his or her expertise in ADR.
Nonetheless, foreigners are still prohibited from acting as arbitrators or representatives in arbitration proceedings in Thailand where the dispute is governed by Thai law.
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