Expert Witness Services
Expert Services International can provide expert witness services in Thailand, including arbitration under TAI and THAC rules, and cross-border construction and infrastructure disputes.
Thai Expert Witness Practice
Expert Services International can provide expert witness services in Thailand, particularly in international arbitration and cross-border construction disputes. Thailand operates a civil law system, and expert evidence in domestic courts is governed by the Civil Procedure Code. Courts maintain broad discretion to appoint expert assessors, and parties may also adduce their own expert evidence.
The Arbitration Act B.E. 2545 (2002) adopts the UNCITRAL Model Law. The Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC) administer institutional arbitrations, and the Central Intellectual Property and International Trade Court provides a specialist forum for complex commercial disputes. In international arbitration, party-appointed experts are accommodated and proceedings increasingly follow the IBA Rules on the Taking of Evidence.
Thailand is a civil law jurisdiction. Expert evidence in domestic courts is governed by the Civil Procedure Code, and courts maintain broad discretion to appoint expert assessors. In international arbitration under TAI or THAC rules, party-appointed experts are accommodated and proceedings increasingly follow procedures aligned with the IBA Rules.
Expert Evidence Framework
Expert evidence in Thai courts is governed by the Civil Procedure Code, which establishes the framework for the presentation of evidence in civil proceedings. The Thai Civil Courts exercise primary jurisdiction over construction and infrastructure disputes, with three levels of tribunal: the Court of First Instance, the Court of Appeal and the Supreme Court. The Civil Procedure Code establishes procedures for the adduction of expert evidence and provides mechanisms for the examination and cross-examination of expert witnesses.
A distinctive feature of the Thai court system is the authority granted to the court itself to appoint expert assessors where the court considers specialist knowledge necessary to determine issues before it. The court maintains broad discretion in relation to the nature and scope of expert evidence that will be admitted, and courts have increasingly recognised the value of expert evidence in clarifying complex technical and financial issues in construction disputes. In practice, parties may adduce their own expert evidence, and courts will often receive written expert reports and hear expert testimony from both parties' experts. The Thai courts have been responsive to international standards and practices, and are increasingly receptive to expert evidence presented in accordance with the International Bar Association Rules on the Taking of Evidence in International Arbitration as a guide to best practice.
The Central Intellectual Property and International Trade Court has been established to provide a specialist forum for disputes involving intellectual property, international trade matters and complex commercial issues. This court has developed expertise in managing expert evidence, and is increasingly selected as the forum for complex construction and infrastructure disputes where specialist technical analysis is required. The court applies the Civil Procedure Code as the foundation of its procedural framework, but has developed specialist practice directions and procedures adapted to the nature of disputes within its jurisdiction.
International Arbitration
The Arbitration Act B.E. 2545 (2002) provides the statutory foundation for arbitration in Thailand. The Act adopts the UNCITRAL Model Law on International Commercial Arbitration as its principal framework, incorporating the key features of the Model Law including party autonomy, minimal court intervention, and recognition of the tribunal's authority to determine procedural matters. The Act grants parties considerable flexibility in relation to the conduct of arbitral proceedings, including the procedures governing the presentation of expert evidence, the number and identity of expert witnesses, the language of the proceedings and the seat of the arbitration.
The Thai Arbitration Institute (TAI), established under the Office of the Judiciary, handles the largest volume of arbitration cases in Thailand. TAI has administered over two thousand five hundred cases, with the value of disputes exceeding one trillion Thai baht, reflecting the substantial importance of arbitration as a dispute resolution mechanism in Thailand. TAI has developed extensive expertise in managing construction and infrastructure disputes, and maintains detailed procedural rules and guidelines for the conduct of arbitrations. The Institute operates a panel of qualified arbitrators with expertise in construction, engineering and infrastructure matters, enabling parties to select arbitrators with appropriate technical knowledge.
The Thailand Arbitration Center (THAC), established under the Ministry of Justice, operates as a modern institutional arbitration centre providing arbitration services to parties involved in domestic and international commercial disputes. THAC has been expanding its caseload in recent years, with particular growth in construction, energy and technology disputes. The Centre is undertaking modernisation initiatives and is planning to develop regional arbitration capabilities with rules aligned to UNCITRAL Model Law standards and international best practice comparable to the International Court of Arbitration of the International Chamber of Commerce. These developments position THAC as an increasingly important forum for the resolution of regional disputes, and provide parties with a choice between the well-established TAI and the modernising THAC platform.
Both TAI and THAC arbitrations proceed under institutional rules that provide a framework for the management of expert evidence. The International Bar Association Rules on the Taking of Evidence in International Arbitration have become widely recognised as a source of best practice in the conduct of expert evidence in international arbitration, and Thai arbitrators increasingly adopt the IBA Rules or procedures substantially aligned with them as a framework for managing expert testimony. The Chartered Institute of Arbitrators Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration similarly provides a comprehensive framework that has been adopted in various forms in Thai arbitral practice. These standards facilitate the efficient management of expert evidence and provide clarity to parties and experts regarding expected procedures and ethical standards.
Construction Disputes
Construction and infrastructure disputes are common in Thai practice, reflecting the substantial scale of construction activity and infrastructure development in Thailand. Large-scale projects frequently incorporate FIDIC (Fédération Internationale des Ingénieurs-Conseils) contract conditions as the contractual framework, providing internationally recognised standards for risk allocation, contractor payment, contract administration and dispute resolution. The FIDIC conditions provide for a Dispute Adjudication Board as the first step in dispute resolution, with the DAB concept having been adapted to Thai practice and incorporated into various construction projects.
Alternative dispute resolution mechanisms, including negotiation, mediation and conciliation, are increasingly common in large-scale construction projects in Thailand. These mechanisms provide a more flexible and cost-effective means of addressing construction disputes before proceeding to formal arbitration or litigation. However, where disputes cannot be resolved through alternative dispute resolution, both arbitration and litigation in the civil courts are available and regularly utilised. The Thai legal framework provides that arbitration awards issued in Thailand are enforceable under both the Civil Procedure Code and the Arbitration Act, and such awards are recognised and enforced internationally under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), to which Thailand is a party.
Expert evidence is frequently essential in construction disputes, addressing issues such as the cost of delays and disruptions, the causation of delays, the extent of construction defects, the cost of remediation and compliance with contractual and regulatory specifications. The Thai courts and arbitral tribunals have developed increasing sophistication in managing expert evidence on these technical matters, and are receptive to expert reports and testimony presented in accordance with international standards and best practices. This receptiveness creates an environment in which expert evidence of high quality can contribute effectively to the resolution of disputes.
Contemporary Issues
Recent developments in Thai dispute resolution practice reflect Thailand's commitment to modernising its procedural frameworks and positioning itself as a leading centre for international commercial dispute resolution. In May 2024, the Thai Arbitration Institute launched an in-court arbitration pilot programme conducted in partnership with five Thai courts selected to participate in an initiative designed to address high-value and complex disputes. This pilot programme permits parties to conduct arbitration within the court system, enabling the utilisation of court facilities and, where necessary, the assistance of courts in relation to matters such as the issuance of summonses, subpoenas and production orders. This initiative reflects the increasing integration of arbitration and litigation mechanisms in Thai practice and demonstrates the Thai courts' commitment to supporting the resolution of complex commercial disputes.
The Thailand Arbitration Center is undergoing substantial modernisation and expansion, with strategic initiatives aimed at developing THAC's capabilities as a regional arbitration centre. THAC is expanding its institutional rules and procedures to align with UNCITRAL Model Law standards and international best practice standards comparable to those of major international arbitration centres. This modernisation programme positions THAC to compete effectively with other regional arbitration centres and to attract international disputes for resolution in Thailand. The expansion of THAC's capacity and expertise provides parties with enhanced choice and competition among arbitration forums, which benefits users of arbitration services through improved efficiency, expertise and services.
The broader trend in Thai dispute resolution practice is towards the adoption of international standards and best practices. Thai courts and arbitral institutions are increasingly receptive to procedures and practices aligned with international standards, including the use of expert procedures designed to clarify and narrow technical issues. This receptiveness to international practice, combined with Thailand's natural advantages as a location for dispute resolution in Southeast Asia, reflects Thailand's strategic positioning as a dispute resolution centre for regional and international commerce.
Asia-Pacific Expertise
Expert Services International provides expert witness services across Thailand's construction, infrastructure and engineering disputes. With experience in Asia-Pacific dispute resolution, led by Neil Kirkpatrick, a quantity surveyor and chartered arbitrator with decades of experience in construction and infrastructure disputes, the practice combines technical expertise in quantum, delay, disruption and construction defects with knowledge of Thai procedural frameworks and substantive law.
Whether the dispute is proceeding in the Thai Civil Courts, the Central Intellectual Property and International Trade Court, or arbitration under TAI or THAC rules, our team understands the specific requirements applicable to each forum. We prepare expert reports that comply with Thai procedural requirements and reflect international best practices. We provide testimony capable of withstanding expert and judicial scrutiny, and we participate effectively in expert meetings and procedures designed to narrow technical issues and promote resolution.
Our Expertise
Expert Services International can provide expert witness services to law firms, stakeholders, investors, contractors, principals, engineers and other parties involved in construction and infrastructure disputes in Thailand and across the Asia-Pacific region. Our expertise spans the full range of quantum, delay, disruption and construction defects issues that commonly arise in construction, resource and infrastructure contracts, and we maintain knowledge of procedural requirements and dispute resolution mechanisms applicable in the region.
Our consultants prepare expert reports that address the procedural and evidentiary requirements applicable in Thailand, ensuring compliance with relevant codes of conduct and professional standards. We provide expert testimony in litigation, arbitration, mediation, expert determination and adjudication proceedings, and we participate in contemporary expert procedures including concurrent evidence and expert meetings designed to narrow technical issues and promote resolution.
We are experienced in international arbitration conducted under institutional rules including the IBA Rules on Taking of Evidence, the CIArb Protocol for Party-Appointed Expert Witnesses, and the procedural frameworks of leading arbitral institutions. Whether the dispute is proceeding in local courts, international arbitration or statutory adjudication, our team can assist with expert reports, testimony and advisory services of the highest professional standard.
Service Scope
Detailed expert reports addressing quantum claims, delay analysis, construction defects and technical matters in Thai Civil Courts, specialist tribunals and arbitration. Our reports comply with Thai procedural requirements and international best practices, presenting clear methodology, transparent reasoning and conclusions capable of withstanding expert scrutiny and cross-examination.
Providing expert testimony in litigation before Thai courts, arbitration under TAI and THAC rules, mediation, conciliation and expert determination proceedings. Our consultants are experienced in articulating complex technical and financial information clearly and persuasively, remaining composed under cross-examination and adapting their evidence as required by the court or tribunal.
Participation in expert meetings and discussions to narrow areas of dispute and identify common ground. These procedures are increasingly utilised in Thai arbitration and court proceedings to clarify technical positions and reduce the scope of contested expert evidence. We facilitate effective expert communication whilst maintaining professional independence.
Expert services in international and domestic arbitration under TAI and THAC rules, as well as expert evidence in Thai court proceedings and alternative dispute resolution. We understand the specific procedural requirements applicable in each forum and maintain detailed knowledge of Thai law and international arbitration practice.
