Abstract:
The purpose of this research is to study certain aspects of the arbitration clause between state and private party. The main subjects are as follows:1) To study the principles, prc conditions and enforcement of the Arbitration Act in B.E.2530.2) To study problems of procedure, agreement, court and arbitration enforcement in agreements between state and private party.3) To find solutions to enact laws, regulations and orders in arbitration.4) To promote and support the state in arbitration enforcement for most benefit of the nation and population.The result of this research found that voiding the disputation by the arbitrator pal-ties. It is flexible and easy to adapt to the business needs, more comfortable than court's procedure, friendly and enables to keep secret in trading. As the Thai government knew the significance of this voiding disputation by the arbitrator, so they set the standard form for government office as a party that it can exclusively terminate all the disputations. As the Arbitration Act B.E2530 has not been improved and is not suited to the arbitration system that has been consecutively improved, especially the enforcement of any contract, the authority of the court considering the arbitration or the enforcement of the judge, an appeal, petition, including laws, regulations and orders that related to the state parties in not clear enough so that the arbitration in Thailand is unacceptable by the other countries in the world.Therefore, the researcher suggested that if the arbitration in Thailand has been accepted, these procedures should be followed:1) There should be a revision in some parts of the law that related to court that is about the authority to help, halt and verify the arbitration process by only one court to protect from confusion.2) There should be the provision about the court's authority in the judge supervision' which should be identical for the domestic and foreign arbitrator.3) The one - year duration of enforcement, in accordance with the arbitration, should be counted only from the time of enforcement of the arbitration.4) There should be the provision about the right for all the parties in the arbitration to ask the court to cancel or withdraw the arbitration judge without any request from the other party.5) The provision about the appeal and petition should be in the same law, not depend only on the court that has authority to consider and allow the Appeal Court's verdict to be the last.6) The office of the Prime Minister should issue the regulations in order to assign the principles and procedures for the government sectors to follow along the final decision of the arbitrator. These principles and performances should be the same as the court judgement.