Free Consultant
The Announcement of Thailand Arbitration Center (“THAC”) No. 24/2563 on a Deposit for Lawyers’ Fee in the Arbitration Proceedings
Due to the arbitration proceedings, the Arbitral Tribunal shall set forth the lawyers’ fee that one party (the losing party) will pay to the other party (the prevailing party). Nevertheless, the losing parties often refuse to comply with the Awards, thus, requiring enforcement afterward. This situation delays the lawyers’ fee payments that have been awarded. Therefore, to mitigate such damage, the Registrar has established a measure for the parties to leave a deposit for immediate payment toward the lawyers’ fee awarded by the Arbitral Tribunal.
The Registrar hereby announced the measure as follows:
- Article 1 This Announcement shall be called the “Announcement of Thailand Arbitration Center (“THAC”) No. 24/2563 on a Deposit for Lawyers’ Fee in the Arbitration Proceedings.”
- Article 2 The Announcement shall come into force from the date of its announcement.
- Article 3 Regarding a case deposit, the Registrar shall request a deposit for lawyers’ fee in the arbitration proceedings from each party based on the following rate:
| Disputed amount (based on the claim and counterclaim) | The rate of a deposit for lawyers’ fee |
| No disputed amount | 3,000 baht |
| Not exceeding 2,000,000 baht | 3,000 baht |
| From 2,000,001 – 5,000,000 baht | 4,000 baht |
| From 5,000,001 – 10,000,000 baht | 6,000 baht |
| From 10,000,001 – 20,000,000 baht | 10,000 baht |
| From 20,000,001 – 35,000,000 baht | 16,000 baht |
| From 35,000,001 – 50,000,000 baht | 22,000 baht |
| From 50,000,001 – 100,000,000 baht | 25,000 baht |
| From 100,000,001 – 500,000,000 baht | 30,000 baht |
| From 500,000,001 – 1,000,000,000 baht | 50,000 baht |
| From 1,000,000,001 – 2,000,000,000 baht | 60,000 baht |
| Exceeding 2,000,000,001 baht | 60,000 baht + 5,000 baht of every 1,000 million baht but not exceeding 200,000 baht |
- Article 4 When the Arbitral Tribunal has rendered the Award, the Registrar shall pay the lawyers’ fee according to the amount stipulated in the Award by deducting from a deposit of lawyers’ fee made by the losing party. The deduction of such deposit shall be deemed part of the lawyers’ fee as issued in the Award.
- Article 5 The Registrar shall make a payment according to Article 4 to the prevailing party’s authorized representative unless the prevailing party has specified otherwise.
