First Arbitrator Training Successfully Held

#TCIAC #Arbitrator #Arbitration #Training #ADR

On 17 December 2021 at 10:00 (Bangkok time GMT+7), Thai-Chinese International Arbitration and Mediation (TCIAC)’s first arbitrator training has been held through online channel.

The Thai Chairman of TCIAC Dr. Pasit Assawawattanaporn, Chinese Chairman of TCIAC Mr. Wang Xuelin (through pre-recorded video), Secretary General of TCIAC Mr. Shi Datuo, Guest Speakers Ms. Noppramart Thammateeradaycho and Ms. Dutsadee Dutsadeepanich as well as newly appointed arbitrators from China, Hong Kong SAR, Malaysia, and Thailand have participated in this training.

The training began with Mr. Shi Datuo welcoming and expressing his congratulations and gratitude to newly appointed arbitrators who took time out of busy schedule to attend this training. He then moved forward to the introduction of its Thai and Chinese Chairmen, guest speakers as well as the purpose of the training to serve as an orientation for arbitrators to carry out their duties under the administration of TCIAC and the underlying Thai laws. Then Mr. Shi Datuo welcomed Dr. Pasit Assawawattanaporn to deliver the open remarks.

Dr. Pasit Assawawattanaporn first welcomed all the arbitrator to the first arbitrator training organized by TICAC and introduced that the exponential economic growth in China and Thailand during last decade intensified the commercial relationships between the countries and necessitated an economic cooperation system which led to the idea to establish TCIAC. He then introduced that currently there were 42 prominent professionals in alternative dispute resolution that TCIAC can rely on and further to the purpose of this training course which was to equip all participants with the necessary knowledge to conduct arbitral proceedings under the TCIAC Arbitration Rules, understanding to the legal framework for arbitration in Thailand, including the requirement to conduct arbitral proceedings in Thailand for foreign arbitrators prescribed by the latest amendments of Thai Arbitration Act (No. 2) B.E. 2562, the Code of Ethics for Arbitrators and different practical exercises. At the end of his remark, Dr. Pasit expressed his gratitude to person who work tirelessly for the realization of this event and hope that all the participants will enjoy and find the training useful and productive.­

(Thai Chairman of TCIAC, Dr. Pasit Assawawattanaporn )

Dr. Pasit’s opening remarks was following by the one delivered by Chinese Chairman Mr. Wang Xuelin through pre-recorded video where Mr. Wang mentioned that there is a saying in the arbitral industry that “like arbitrators, like arbitral institute”which means that arbitrators are the spirit of the arbitral institute and the awards rendered under their hands reflect the professional level and image of such arbitral institute. He added that being an arbitrator means not only an honor but also responsibilities to provide excellence, professional, efficient dispute resolution services to the parties. He hoped that all the arbitrators can carry out their duties actively adopting their professional expertise and wish that this training could bring fruitful results for all the arbitrators.

(Chinese Chairman of TCIAC, Mr. Wang Xuelin)

(Secretary General of TCIAC, Mr. Shi Datuo)

Then, Mr. Wang Jing, as the representative of the first group of TCIAC’s arbitrators delivered his opening remarks. He addressed that China’s national policy to promote the construction of on-stop multi-dispute resolution mechanism for the creation of more favorable environment serving “Belt and Road” development has led to rapid development on cooperation between Chinese arbitral institute and the foreign counterparts especially along the “Belt and Road “nations and regions and he commented that the establishment of TCIAC is highly significant for the times and believed that TCIAC’s arbitrators will be able to make progress together to show the respective strengths to provide high-quality and professional dispute resolution services to Chinese and Thai parties, promote the healthy and long-term development of Sino-Thai trade, and contribute to the development of international arbitration and mediation.

(Arbitrator Representative, Mr. Wang Jing)

After the opening remarks, Mr. Shi Datuo as the first lecturer moved to the core training session. During his lecture, he introduced matters related to the TCIAC’s arbitration rules including the application of arbitration proceedings, the composition of the tribunal, arbitrator’s responsibility (especially on the issue of arbitrator’s independence, neutrality as well as duty to disclose in case of existence of conflict of interest), the power of the tribunal, submission of statement of claim and response, the conduct of hearing, the prepare of arbitral award as well as the example of arbitration fee as well as remuneration of arbitrators. Mr. Shi Datuo finished his lecture by emphasizing that the valid arbitral award rendered by arbitrators presented in the training are so important that not only could they be recognized and enforced by Thai and Chinese court but also in all the contracting parties to the New York Convention (1958) comprising of more than 160 countries around the world and therefore he wish all the arbitrator could realize their important role and perform their duties with care and due diligence.

The next lecturer was Ms. Noppramart Thammateeradaycho, senior counsel with extensive practical experience in the arbitral proceedings in Thailand and abroad. She first elaborated issues regarding the basic ethnic of an arbitrator which include the duties to disclose events that might impair his/her impartiality and independence, the responsibility to render an enforceable arbitral award, matters to be taken care of during conduct of arbitral proceedings including being careful to the ultra vires actions as well as ensuring fair chance to both parties. Ms. Noppramart also emphasized that arbitrator shall be aware of the tactics used by parties or their counsels during the arbitral proceeding and commented that arbitration rules in common law world empower the arbitrator to heavily penalize the party using tactics in in bad faith to manipulate the arbitral proceedings whilst the same power does not exist in TCIAC or the arbitration rules of other arbitral institute in Thailand, leaving rooms for improvement. She then moved to the introduction of the 7 grounds for setting aside an arbitral award pursuant to Article V of New York Convention and the corresponding Section 40 of Arbitration Act B.E. 2545 (“AA”) in Thailand and recommendation as to how foreign arbitrator could avoid rendering an award which is contrary to the public policy of Thailand. Ms. Noppramart finished her lecture with the issue of challenge to the arbitrator pursuant to Section 20 of AA.

(Special Lecturer, Ms. Noppramart Thammateeradaycho)

The final lecturer in this training was Ms. Dutsadee Dutsadeepanich who introduced details of AA and Arbitration Rules of TCIAC. (the “Rules”). Several issues were explained by Ms. Dutsadee which include arbitratos’impartiality and independence (Section 19 of AA and Article 25 of the Rules), duties to disclose (Section 29 of AA and Article 26 of the Rules), limit of arbitrator’s civil liability (Section 23 of AA and Article 91 of the Rules), penalties for misconduct due to bribery (Section 23 of AA), duties not to disclose confidentiality of the arbitral proceedings (Article 88 of the Rules). Ms. Dutsadee then introduced the laws and regulations that foreign arbitrator who performs the duties of arbitrator in Thailand shall comply with. She pointed out that the recently amended AA (2nd Version) B.E. 2562 has added provision providing visa and work permit convenience for foreign arbitrator who needs to perform his/her duties as arbitrator in Thailand in Section 23/1 and 23/2 of the newly amended AA and she ensure arbitrators that TCIAC will be able to pave the way for smart visa and work permit application in case there is need for foreign arbitrators to work physically in Thailand. Ms. Noppramart added at the end that such visa and work permit requirement is only applied when the foreign arbitrator needs to physically appear in Thailand, such requirement is not necessary for online arbitral proceedings.

(Special Lecturer, Ms. Dutsadee Dutsadeepanich )

At 11:30 (Bangkok time GMT+7), Mr. Shi Datuo expressed his gratitude to informative lecture provided by the guest lecturer and all the arbitrators who spare their time to attend the training which he believed will be of help for all the participants. The training was then completed successfully.


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