การอนุญาโตตุลาการในสัญญาทางปกครองด้านงานก่อสร้าง(Arbitration in Administrative Construction Contract)
Keywords:
Administrative contract, Arbitration, Civil construction, Dispute resolutionAbstract
Abstract
The purpose of this research is to study administrative law, the practice of arbitration under the Arbitration Act B.E. 2545, foreign arbitration laws and the problems of arbitration in administrative construction contract of Thailand in comparison with foreign countries, namely Germany, France, England and the United States. This research emphasized on studying construction contract cases in which a party is a government agency and the private sector based on author experience in order to provide solution and recommendation for the development, improvement or amendment of Thailand administrative law related arbitration process. The research found that the main factors that make government still have to face problems arising from dispute resolution by arbitration and the dispute is proposed to administrative court causing consumption of time and financial expense is the lack of substantive and procedural laws for specifying the compulsory details in preparation of an arbitration agreement in administrative construction contact that is not yet comprehensive and still inadequacy. The comparison of foreign laws found that some countries have established rules for preparation of arbitration contract in addition to general principles included specification of subject matters of dispute that can be resolved by arbitration and maximum amount of money for which the arbitrator can order the parties to pay when the decision is made. Therefore, the study proposes to establish a new law for administrative construction contact with such criterions included.
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