Reforming consumer alternative dispute resolution in Thailand

Galasintu, S. (2025) Reforming consumer alternative dispute resolution in Thailand. PhD thesis, University of Reading. doi: 10.48683/1926.00127816

Abstract/Summary

This research aims to reform consumer alternative dispute resolution (CADR) in Thailand by identifying the causes of court backlogs and proposing effective solutions. Three contributing causes are legislative and practical burdens, consumer behaviour in the digital era, and the capacity of redress authorities. The legislative issues stem from the Civil Procedure Code and the Consumer Case Procedure Act, where provisions such as the ‘speedy process’ do not meet the target, and class action procedures remain underutilized. Additionally, inconsistent interpretations of the Consumer Protection Act, such as the shifting of roles between consumer and business parties and the Consumer Protection Board’s restriction to representing only one consumer per case, highlight the need to revise the legal definition of ‘consumer’. Consumer behaviour in the digital era plays a part in the backlogs, as the rise in online transactions has led to an increase in consumer complaints. Furthermore, courts and the Office of the Consumer Protection Board (OCPB) face personnel and budget shortages, with mediation services lacking sufficient capacity to ease case volume. While several authorities now provide CADR services, the schemes are still under construction and development. A comparative study of the EU instruments supported by instruments from the UN, OECD, and ASEAN, offers valuable models for improvement. Based on these insights, this research proposes a set of solutions. That is, (1) revise the definition of ‘consumer’ and ‘business’ to have ‘consumer case’ unidirectional, (2) enhance redress authorities’ capacity, (3) develop CADR mechanisms, and (4) maintain and develop a package of measures: complementary authorities’ measures, business guidelines, and consumer education and awareness. Specifically, it recommends introducing mandatory mediation using digital tools through the Court of Justice and developing a national online dispute resolution platform under the OCPB aligned with the ASEAN ODR guidelines, to provide consumers with an accessible and efficient means of resolving disputes.

Item Type	Thesis (PhD)
URI	https://centaur.reading.ac.uk/id/eprint/127816
Identification Number/DOI	10.48683/1926.00127816
Divisions	Arts, Humanities and Social Science > School of Law
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