Proposal to adopt the Singapore Convention on Mediation and the Model Law in Thailand

Name: Virach Thongkliangket

keyword: Alternative dispute resolution

; International commercial dispute

; Mediation

; Singapore Convention

; Settlement agreement

Abstract: This independent study addresses the need to enhance the enforcement of international mediation agreements in accordance with the Dispute Mediation Act B.E. 2562 (2019). By evaluating the challenges and benefits of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, the study aims to provide recommendations for Thailand if it decides to become a signatory to this Convention. In this regard, the significance of this study comes from the fact that since the end of World War II, alternative dispute resolutions, especially mediation and arbitration, have been widely used to resolve a wide range of disputes, especially in resolving cross-border commercial disputes. Among others, the effectiveness of international commercial mediation and arbitration heavily relies on the enforceability of mediation agreements and arbitral awards. While the New York Convention focuses on the recognition and enforcement of foreign arbitral awards, the lack of international binding instruments from the perspective of international mediation has diminished the effectiveness of mediation. On 20 December 2018, the Singapore Convention was adopted by consensus at the United Nations, and its entry into force on 12 September 2020 brought certainty and stability to the international mediation framework. As of 1 July 2023, the Convention has garnered 56 signatories, with eleven countries already becoming parties to it, including Australia, Belarus, Ecuador, Fiji, Georgia, Kazakhstan, Qatar, Saudi Arabia, Singapore, Turkey, and Uruguay. Nevertheless, Thailand has yet to sign and ratify the Convention, leading to challenges in enforcing international mediation agreements abroad. Accordingly, there are few studies that critically examine the benefits and challenges of the Singapore Convention within the context of Thailand's mediation law, as well as draw lessons from other countries that are parties to the Convention. Hence, this independent study seeks to contribute to the existing literature by examining the advantages and obstacles presented by the Singapore Convention if Thailand were to become a signatory, as well as lessons learned from Singapore and Belarus, countries that have already adopted the Convention. By employing the documentary research method and comparative study, this independent study finds that the Singapore Convention presents an effective tool to improve Thailand's business, trade, and investment climate and foster economic development. Therefore, it argues that Thailand should adopt the Singapore Convention. To accomplish this objective, the study begins by examining the theoretical foundation of dispute resolution, focusing on mediation theory. It then critically assesses Thailand's legislative framework on commercial mediation. Following this, the development, key elements, and impacts of the Singapore Convention if Thailand becomes a signatory to this Convention will be critically evaluated. Subsequently, the study conducts a comparative analysis of the mediation laws of Singapore and the Republic of Belarus, both of which have recognized the Convention. Lastly, this independent study will provide recommendations to improve Thailand's mediation law to effectively implement the Singapore Convention if Thailand were to become a signatory. It is expected that these findings, together with recommendations, will make a significant contribution to existing knowledge and improve Thailand's Mediation Law

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Munin Pongsapan

Role: advisor

Created: 2022

Modified: 2023-11-30

Issued: 2023-11-30

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2022.548

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

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