อนุญาโตตุลาการในสัญญา ระหว่างรัฐกับเอกชนในอนาคต

Abstract

Thai Arbitration Law has it own history more than 200 year, from the Three Seal Code to the Civil Procedure Code and finally the Arbitration act 2002.The Arbitration Act state that the parties to the contract shall be bound by such arbitration agreement. There are many disputes which the government agency loss so that the Government wish to prohibit the use of Arbitration in any concession contracts. The aforesaid will cause much more problem to the use of arbitration and will be affected to the nation and people. The way to settle the dispute in this contract should be as follow: First, the use of arbitration according to article 15 shall be more benefit. Second, the prohibition of the appointment of state officers to act as arbitrators will cause the lack of high quality arbitrators. Third, the arbitrators shall act and perform his duty which independence and impartiality. Forth, state agencies shall develop their skill and talent in drafting and using the arbitration as a mean to settle concession disputes and finally private parts should learn to use arbitration as well.