Thailand

Alternative dispute resolution is an important

part of the Thai legal system, and instead of

litigation, an increasing number of local and
international disputes are now being settled in
Thailand through mediation and arbitration.
Judicial settlement of a dispute is part of the
Civil Procedure Code (CPC) where conciliation
before a trial can be voluntary or ordered by
the trial judge

In the Courts of Justice, for all civil and

commercial cases, the trial judge will inquire

into any preliminary mediation between the
parties and will recommend mediation before
the matter advances any further. During a
trial, the parties can always opt to halt the
proceedings and settle the case through
mediation, using either a court appointed or
an out-of-court mediator.


Out-of-Court Arbitration

Under the 2002 Arbitration Act, an arbitration agreement can be

included in a contract or drafted as a separate agreement. The

parties choose the number of arbitrators, but the total must
always be an odd number. The parties also select the venue for
the proceedings and the language and rules to be used. The
competent court for an arbitral dispute can be a court having
jurisdiction over the arbitration venue, jurisdiction over the
parties domiciles, jurisdiction to adjudicate an arbitral dispute,
or the Central Intellectual Property and International Trade Court.
no regulations on the timeframe for arbitration, and the
scheduling of the different phases of an arbitration is at the
discretion of the parties and the arbitrator.
On average, out-of-court arbitral proceedings in Thailand take at
least one year. The costs of an arbitration depends on the rules
used and the venue.

FORMS:
ad hoc arbitration- proceedings will be

controlled in their entirety by the disputing

parties and their chosen arbitrator without the
involvement of an arbitral institution
institutional arbitration- parties are required to
abide by all of an institutions regulations and
processes which can increase costs and
significantly extend the timespan of an
arbitration

The Thai Arbitration Institute (TAI) in the

Alternative Dispute Resolution Office, the

Office of the Judiciary, is the main out-of-court
arbitration service provider in Thailand for
both local and international disputes.

Out-of-Court Mediation
parties agree to use a neutral mediator to settle a dispute

and can appoint a mutually agreed upon person as the

mediator or use the services of an organization like the
TMC. If the parties come to a mutually acceptable
solution during the mediation, they then either enter into
a binding, enforceable compromise agreement or
withdraw the case from the court. Even if a dispute has
made it to trial, the parties can decide to enter mediation
and have it proceed without any court involvement as it
will be considered out-of-court mediation and not be
bound by the Civil Procedure Code rules.
mediation proceedings are confidential.
Mediation can be terminated

MYANMAR

Arbitration Act 1944

applies to domestic arbitrations, which

includes arbitrations entered into between

Myanmar companies as well as those
involving one or more foreign parties and
applies to statutory arbitration.
Reference to arbitration can be made in three
ways:
arbitration without the intervention of a court;
arbitration with the intervention of court
where there is no suit pending;
arbitration in suits

Arbitration agreement
a written agreement to submit present or future differences to

arbitration, whether or not an arbitrator is named therein which may

include terms as agreed between the parties. Unless otherwise provided
for in the arbitration agreement, the following terms will apply to the
arbitration:
the reference will be to a sole arbitrator;
if the reference is to an even number of arbitrators, the arbitrators shall
appoint an umpire within one month of their appointment;
the award must be made within four months of the reference to the
arbitrators;
if the award is not made within four months, the matter will be referred
to an umpire who must make an award within a further two months;
the parties to the arbitration will submit to examination under oath or
affirmation and produce all requested documents within their possession
or power;
the award will be final and binding on the parties;
the cost of the arbitration will be at the discretion of the arbitrators

Constituting the tribunal

no official list of arbitrators and there are no

restrictions or requirements as to who can be

appointed by parties as an arbitrator
Parties are at liberty to decide on the number
of arbitrators and to each appoint their own
arbitrators.If parties wish to challenge an
arbitrator, they may apply to the court and
the court may remove the arbitratorand
appoint persons to fill the vacancies.

Prevailing attitudes
In Myanmar, dispute resolution is handled

mainly in the courts and local users have very

little experience or inclination toward
arbitration. The local party would generally
prefer dispute resolution in Myanmar as they
have little knowledge of arbitration
procedures and costs of the same, whether
domestically or abroad. Without the entry of
foreign investors, arbitration would not be the
preferred choice

waves of change
The New York Convention
Draft Arbitration Bill 2014
Draft Myanmar Investment Law 2015

LAOS

LAOS

Alternative dispute resolution is the best way

that parties can settle their disputes. Salient

features of the Alternative dispute resolution
settle disputes without resorting to the court
which is generally classified into three main
types:

1. Negotiations -first step for Lao people and

cheapest mean for solving a dispute and usually

offers the opportunity to work out a solution
meeting the needs and interests of both parties
2. Mediation is a procedure performed by an
independent third party where the objective is
to facilitate the parties resolving their dispute.
3. Arbitration wherein a neutral person or panel
of neutral people hears the facts and makes a
decision. Usually one arbitrator hears a small
case. A panel of three arbitrators may be
appointed to hear large, complex case, if the
parties so desire.

ADR includes:
Informal tribunals
informal meditative processes
formal tribunals - arbitration and private

judges
formal meditative processes- referral for
mediation before a court appointed mediator
or mediation panel

Legislation
The Penal Law 2005;

The Civil law 2005;

The Decree on the economic dispute

resolution,

Challenges
The criminal justice system has little
experience in dealing with dispute..
Lack of funding, equipment and facilities is one
of the difficulties in delaying the case.
People are not willing to take legal action
The majority of dispute occurs in remote
areas. It is difficult to follow up.
the specific office to resolve the dispute is not
yet to establish at local level

SINGAPORE
Singapore is now recognised as the leading

choice for Alternative Dispute Resolution

(ADR) in Asia. Singapore possesses a
sterling reputation for impartiality and
integrity, world-class ADR institutions,
outstanding dispute resolution professionals
(neutrals, counsel and experts) and a legal
system which is supportive of ADR.

In the early days, indigenous forms of

mediation were prevalent as community

leaders were often called upon to help resolve
disputes within their respective communities
Best described as ad hoc and unstructured,
characterized by lack or absence of paper
formalities and standard procedures, rules and
codes
Less significant with time because
Singaporeans turned to more formal form of
dispute resolutions.

Modern forms of mediation

1. Court-based mediation through institution

of Court dispute resolution

Primary Dispute Resolution Centre offers
multiple management and resolution services
(ADR) processes were offered such as
neutral evaluation for motor accident cases
and personal injury claims, and mediation for
all other civil matters.

 Mediations are also conducted in the Family

Court and Maintenance Mediation Chambers

was set up
the Subordinate Courts released Practice
Direction No. 2 of 2010,26 which introduced an
ADR Form to ensure that ADR is considered by
the parties and their lawyers
Upon submission of the ADR Form, the judicial
officer will recommend that the matter proceed
on one of three tracks: (a) mediation in the
PDRC or the SMC; (b) arbitration at the Law
Society Arbitration Scheme; or (c) adjudication
in the trial courts.

Mediation
involves a neutral third party facilitating discussion

between the disputing parties to enable them to

come to an agreement in settlement of their dispute.
focuses on finding a solution which addresses each
partys concerns.
Conducted either by a Judge or an associate
mediator who has been accredited by the
Subordinate Courts of Singapore and SMC. Parties
can alternatively opt for private mediation service
providers at SMC. It should be noted that much as
the focus of mediation differs from that of litigation,
the role of a lawyer in mediation also differs.

Neutral evaluation
In contrast with mediation, neutral evaluation
results in a non-binding determination of the
disputing parties legal rights. A case
undergoing neutral evaluation at the PDRC will
be heard before a Judge who will give a nonbinding evaluation of the strengths and
weaknesses of the case. Parties would then be
better able to assess their position and
consider a negotiated settlement

LSAS arbitration
binding determination of the disputing parties

legal rights. The neutral third party who

determines the disputing parties legal rights
in arbitration conducted under the LSAS is a
private adjudicator instead of a Judge
applicable to all kinds of civil disputes and is
governed by the Law Society Arbitration Rules
2011 ("Arbitration Rules").The LSAS is an
efficient and cost-effective form of ADR,
especially for less complex claims

2. Community Mediation
Community Mediation Centres Act provided for the

establishment of CMCs to offer mediation services in

connection with family, social or community disputes
that do not involve any seizable offences under any
written law. The bulk of the cases handled by the CMCs
relate to disputes between neighbours and family
disputes .
Mediated by a panel of volunteer mediators from all
walks of life, age groups, ethnicities and professions. In
line with the objectives of the CMCs and the nature of
the disputes the CMCs deal with, the mediators use a
highly informal process that focuses on restoring peace
and amicable relationships between the disputants.

3. Private Commercial
Mediation
conducted under the auspices of the

Singapore Mediation Centre which provides a

range of ADR services besides mediation,
including adjudication, neutral evaluation and
the Singapore Domain Name Dispute
Resolution Service, although its focus
continues to be on the mediation of high value
commercial disputes.

 Governed by a standard Mediation Procedure

which outlines the mediation process, explains

the role of the mediator, the mediation centre
and the parties, and contains stipulations for
confidentiality.
uses interests based model which requires
them to lead the disputants away from
positional bargaining and to provide a
structure for the disputants to find a solution
that will best meet their interests

Lawyers are usually present at the SMC

mediations and play an important role in

assisting the mediators and advising their
clients during the settlement process,
including the drafting of the settlement
agreement. The success of the SMC lay in its
introducing private commercial mediation to
the legal profession and creating a space for it
in Singapores civil justice system.

PHILIPPINES
Barangay Justice System where people living in the same

community can bring their disputes and work towards

settlement. The cases where mediation in the barangay
level may be applicable are as follows:
(a) civil cases involving members of the same family
within the sixth civil degree of consanguinity or affinity;
(b) civil disputes between residents of the same
municipality or city cognisable by the Lupon
Tagapamayapa
(c) collection cases based on creditor and debtor
relationships;
(d) claims for civil damages; and
(e) disputes arising from lessor-lessee tenant relationship

Court Annexed Mediation

refers to any mediation process conducted under the

auspices of the court, after such court has acquired

jurisdiction of the dispute
may be resorted to in the following types of cases:
1. All civil cases, settlement of estates, and cases covered
by the Rule on Summary Procedure,14 except those which
by law may not be compromised;
2. Cases cognizable by the Lupong Tagapamayapa under the
Katarungang Pambarangay Law;
3. The civil aspect of B.P. 22 cases;
4. The civil aspect of quasi-offenses under Title 14 of the
Revised Penal Code; and
5. The civil aspect of estafa and libel cases where damages
are sought

Process of Mediation
1.PRE-MEDIATION STAGE
the location and the physical setting of the

sessions should be carefully prepared

with the Barangay Justice System, the
mediation process is most likely to take place
at the Barangay Chairmans office unless
otherwise requested
Eating is a In this regard, some biscuits and
candies, along with a drink, may be present at
the table in a mediation session. large part of
the Filipino social life

build credibility, establish rapport, and to

educate the participants about the process

language to be used in sessions should also
be considered
consider the collective culture of the Filipinos.
Ramirez (1991) described the Filipino as living
in a family-oriented society
use of honorifics

2 MEDIATION STAGE
establishing rapport is advocated by all

mediation approaches
some time for small talk is advised
Upon initial contact with other people,
Filipinos usually undergo this process to avoid
offending them
data collection prior to mediation is
recommended
ground rules should be established in order to
facilitate the flow of the process

emphasize the confidentiality, and the

importance of listening to the person speaking

and to wait for ones turn. The time frame is
also established, and the concept of caucus is
introduced
Hiya interacts with the value of pakikisama
where direct confrontation is not desirable to
the group. Among Filipinos, preserving
harmony is deemed more important than
asserting ones position. All these should be
taken into account by the mediator in
conducting the intervention.

3 POST-MEDIATION STAGE
it should be written and that monitoring

procedures should be developed in order to

check the efficacy of the agreement, as well
as the extent to which parties abide by it