Abstract:
This thesis studies the setting aside of arbitral award under arbitration act B.E. 2002 on a case study of article 40(1). The thesis addresses the importance and principles of setting aside of arbitral award, public policy involvement and the ground of setting aside. Setting aside of arbitral award is the interference of competent court to resolve the damage from wrongful arbitral decision. Challenge of an arbitral award may be made a motion for setting aside to the competent court. The interference of the court must weigh between freedom of the parties and fairness of arbitration. In addition, court may use public policy to control arbitration resulted in setting aside of the award. The aspects of public policy concerning the arbitration are economy, society, politic, religion, and social standard. Public policy renders instability because: (1) the difference in economy, politic, religion, society, and law systems in each state, and (2) the timing, since value and social standard can change and evolve according to social situation and leaders at times. There are two types of public policy used by court to control arbitration which are domestic and international public policy. Domestic public policy plays a vital role in protecting state interests. International public policy is a domestic public policy applied in an international commercial relation. International public policy is more limited than domestic public policy as a result of fundamental of law in justice and good moral, such as the right to be heard, equal treatment, impartiality of arbitrator, and rightful conduct.