When you consider signing an NDA (Non-Disclosure Agreement),
we recommend putting in a clause about how to resolve disputes. The disputes
should be submitted to an institutional arbitration. We recommend an
arbitration to deal with the disputes because in a case trial under the Thai
laws, the party who seeks compensation will have to prove to satisfy the court
the extent and level of damage they are suffering which was caused by the
breaching party. Due to the fact that there are so many factors that affect the
client’s business, the client would always be at a disadvantage in trying to
prove that the damage is directly resulted from the counter-party’s breach of
agreement. Due to the flexibility of the
parties in selecting their own respective arbitrators, the clients can expect
the appointed arbitrators to be more business oriented than those judges of
legal profession and have more understanding in the importance of confidential
information and how deleterious consequences of breaching an NDA can be.
There are two institutional arbitration institutes in Thailand namely;
1. Thai Arbitration Institute, which is funded by the government and provides administrative services free of charge which means parties to an arbitral proceeding administered by the TAI pay no institutional fee. The parties are responsible for only the actual expenses in conducting arbitral proceedings such as expenses for delivering documents, production of media recording testimony; and
2. Thailand Arbitration Center, which was founded by private parties. Contact Thai Lawyers for your business needs in Thailand.