Abstract:
This thesis is a result from the study on the power of arbitrator in default proceedings when one of the parties does not participate in arbitration proceedings pursuant to article 31 of the Arbitration Act B.E. 2545. The author considers principles regarding to the exercise of such power in order to prevent arbitrator from carrying out proceedings in improper manner resulting in unjustice in arbitration proceedings i.e. such a party should be informed in advance and in due course regarding the appointment of arbitrator and arbitration proceedings but does not participate in arbitration proceedings without any reasonable cause. The author finds that, unlike the UNCITRAL Model Law on International Commercial Arbitration (1985) and law of arbitration in some other countries, article 31 of the Arbitration Act B.E. 2545 does not provide any criterion for arbitrator to call for a default proceedings which may lead to an undue exercise of power by arbitrator and the arbitral award by default may eventually be set aside or refused in enforcement, therefore, a criterion to call for a default proceedings should be provided in clarity. Moreover, this thesis focuses on problems which always arise from default proceedings in arbitration, i.e. conduct of a party which is deemed a deliberate denial to participate in arbitration proceedings as well as roles and approaches to be taken by the tribunal in a default proceeding whereby the participating party is presenting its evidence. This is to ensure that the tribunal may exercise properly and righteously the power to call for a default proceedings and to increase efficacy of arbitral award enforcement