Thai Legal Studies

Enigmatic Aspects of “Time Is of the Essence” in Construction Law of Thailand: A Comparative Study of Common Law in England and Australia

Thanapat Yaemklin — 2023-12-30

This article studies intricacies of the statement “time is of the essence” in a legal context, in relation to construction delays in Thailand, comparatively analysed in terms of law in England and Australia. Notably, the Supreme Court of Thailand has applied “time is of the essence” in a broader manner than its counterparts in England and Australia, surpassing boundaries set by Section 596 of the Thailand Civil and Commercial Code (CCC), the provision explicitly recognising the concept. These findings suggest that while this Supreme Court approach may aspire to fairly resolve construction disputes, its application beyond the statutory framework leads to legal uncertainties, potentially significantly impacting construction contract administration.

Prime Ministerial Term Limit: Adopted, Abused, and Abandoned

Khemthong Tonsakulrungruang — 2023-12-30

Since 2007, Thailand has introduced a prime ministerial term limit into its constitutional system. However, the purpose of this term limit appears not to prevent an elected tyranny but rather to obstruct enemies of the conservative establishment who have been entrenching their presence in Thailand’s volatile politics. The measure was put to the test when Prayuth Chan-ocha, the junta leader and one of Thailand’s longest serving prime ministers, hit the eight-years term limit. The Constitutional Court was willing to ignore the law and save him. This article traces the adoption of the prime ministerial term limit and highlights the constitutional court decision as a case study of an abusive constitutional borrowing.

Looking Around: Should Thailand Promote Mediation Effectiveness and How?

Francis Goh — 2023-12-30

Mediation as a form of alternative dispute resolution has many advantages compared to other dispute resolution methods, especially those of adjudicatory nature, such as litigation and arbitration. Thailand and Singapore share a similar policy of advocating the practice of mediation. That said, Thailand seems to focus principally on domestic mediation, while Singapore tends to position itself as a mediation hub for international disputes. In terms of the legal framework, both countries have enacted legislation and regulations that endorse, effectuate, and facilitate mediation. In both jurisdictions, these laws and regulations aim to uphold the principle of party autonomy, provide the necessary support, create a mediation-friendly climate, maintain the integrity of the process, and ensure the enforceability of valid mediated settlement agreements. This article, which is intended to be descriptive, discusses some important concepts and characteristics of mediation and explores the legal frameworks of mediation in Thailand and Singapore, as well as both countries’ experiences in dealing with this non-adversarial dispute settlement mechanism.

Tenets Spoken by Indra: A Translation of the Discourse on Good Judgement from the Three Seals Law

Chris Baker — 2023-12-30

The Tenets Spoken by Indra is a discourse on good judgement from the Ayutthaya-era Three Seals Law. It has a lecture on avoiding the four wrong courses (agati), which is conventional for old legal texts in Buddhist societies, but in other ways is rather unusual. It may be unique among such old law texts in giving Indra the leading role. Its instructions to judges on reaching a good judgement employ several unusual figures of speech. It may technically still be in force. We believe this is the first full English translation of the text.

Asian Comparative Constitutional Law Volume I: Constitution-Making

Patharanist Wannapoglang — 2023-12-30

Smart Cities in Asia: Regulations, Problems, and Development

Benjamin Ivry — 2023-12-30