สภาพปัญหากฎหมายที่รองรับการระงับข้อพิพาทด้วยวิธีอนุญาโตตุลาการออนไลน์

บทคัดย่อ

This research aimed to study (1) the related law regarding disputes settlement by arbitration online (2) the problem and analysis the method of disputes settlement by arbitration online and (3) to purpose the legal measure in accordance with the practical of arbitration online in Thailand. This research is a qualitative research by using the instrument for collecting data was separate into 2 steps that is documentary research and in-depth interview from the arbitration law’s expert including analysis data from document and interview.

The research results were found as follows; (1) if the existence of arbitration’s law adapt to arbitration online, it may cause the problem since Thailand does not have law to support arbitration online. It is resulting to the development of arbitration online system is too inactive; (2) the research study and analysis legal problem may occur which there are 3 issues; 1) the problem regarding definition and form of contract  of arbitration online; 2) the problem regarding proceeding of arbitration online and 3) the problem regarding award of arbitration and (3) the research has suggestion to resolve legal problem which edit the Arbitration Act B.E. 2545 by enact the draft of Arbitration Act (NO. …) B.E. … part 9 in order to has the legal measure for support arbitration online and can enforce arbitration online in effectively in Thailand