|Abstract : |
This paper aims to review arbitration laws and practices on administrative contracts in Thailand and some European countries in order to draw a comparison and then initiate some recommendations on the use of arbitration in Thailand. After the Thai governments losses in several arbitration cases related to the administrative contract, the cabinet issued a resolution in 2009 to prohibit the inclusion of arbitration clauses in such contract. This regulation restrains international investment and has been criticized by foreign investors. Thus, reconsidering such regulation is necessary. Interestingly, many countries in Europe have various practices on the use of arbitration in the administrative contract. Some prohibits it, unless allowed explicitly by law. Some do not have any restriction in this matter at all. From law and economic perspective, the reasons behind various practices shall be analyzed in the paper. Then, the inference would be made as the recommendation for Thailand.
By : |
Introduction : |
Dr.Supruet Thavornyutikarn Lecturer, Faculty of Economics, Thammasat University.
Venue : |
Main Conference Room, Fifth Floor, Economics Building, Thammasat University, Tha Prachan