The The Use of Good Governance of the Rule of law in the Performance of Arbitrator in Thailand

Abstract

               The purpose of this research is to study for consistency of good governance of the rule of law indicator of the performance of arbitrators in Thailand. This qualitative research is conducted by in-depth interviews of the significant informants including 20 persons, 5 arbitrators, 5 officers of Office of the Public Sector Development Commission: OPDC, 5 officers of Thai Arbitration Institute (TAI),     5 parties or persons involved in the arbitration process. The results of the interviews and the studies of the related documents are then analyzed together. The results of the study reveal that 1) the use of laws in dispute resolution by arbitrators using the law. The criteria or rules for using laws protecting the rights of parties is right of business, commercial. The protection of rights is a mandatory right in the content of the contract.  2) The criteria or rules use the law to protect the rights of the parties; they are not free. 3) Legal content dispute resolution is a legal decision by content law. 4) The duty of the arbitrator to not cause disadvantage is a violation of the protection of the parties. 5) Arbitration must be independent and impartial like the judge in the judicial process. 6) Performance of duties is in the right of judicial decision made by arbitrator. However, the parties can comply with the award or be legally bound in some cases.