The Singapore Convention on Mediation 2019 and Considerations Regarding Administrative Cases

Abstract

          The Singapore Convention on Mediation 2019 represents a significant development in the field of alternative dispute resolution (ADR) for Thailand’s dispute resolution institutions and judicial processes. In case the Thai government decide to become a party to this Convention to promote international trade and investment, the judiciary of Thailand, including both the Court of Justice and the Administrative Court, will need to adequately prepare and raise awareness among relevant personnel. An initial analysis suggests that if Thailand accedes to the Convention without any reservations under Article 8(1)(a) of the Convention, and if implementing legislation is enacted with provisions similar to those in Sections 9 and Sections 15 of the Arbitration Act B.E. 2545 (2002), the enforcement of settlement agreements resulting from mediation involving an administrative agency as a party (regardless of whether it is an administrative contract or not) would be subject to judicial consideration and judgment by Thai courts. More specifically, the enforcement of settlement agreements resulting from the mediation of administrative contracts may also fall under the jurisdiction of the Administrative Court. This is because certain types of disputes arising from administrative contracts fall within the scope of the Convention, such as disputes under concession agreements for public services or agreements related to the exploitation of natural resources. If enforcement of such agreements is requested, the Administrative Court would have the competence to try and adjudicate to consider them as disputes under Paragraph One (6) of Section 9 of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999). However, regarding whether settlement agreements resulting from mediation in administrative cases under the aforementioned Act fall within the scope of the Singapore Convention on Mediation 2019, an initial analysis suggests that such agreements are not within the scope of the Convention. This is because they are agreements arising from a court process that have the same enforceable status as a court judgment, as outlined in Paragraph Three of Article 1 of the Convention, which clearly defines the scope of the Singapore Convention.