RECOGNITION & ENFORCEMENT OF FOREIGN MONEY JUDGMENTS (Thailand)

Recognition and Enforcement of Foreign Court Judgement in Thailand

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In Thailand, there is currently no general legislation governing the recognition and enforcement of foreign court judgments. This means that a judgment creditor holding a foreign judgment must generally initiate new litigation in a Thai court. However, the Supreme Court of Thailand has issued rulings on whether foreign court judgments can be introduced in subsequent Thai legal proceedings. To elaborate, Supreme Court Decisions No. 585/2561 and No. 2351/2548 suggest that for a foreign court judgment to be admissible in Thai judicial proceedings, it must satisfy three criteria: (1) The judgment must be final; (2) It must be issued by a court with subject-matter jurisdiction; and (3) The foreign judgment must not contravene the public order or moral standards of Thai people. Even when these conditions are met, a Thai court will only consider the foreign judgment as one element of evidence within the case.

Nevertheless, an exception exists under specific legislation, notably the Act on Civil Liability for Oil Pollution Damage B.E. 2560, Article 36, which permits the enforcement of final foreign court judgements related to oil pollution from contracting states of the International Convention on Civil Liability for Oil Pollution Damage, 1992. Enforcement under this specific act is precluded if: (1) The judgment was obtained through fraud; (2) The defendant was not properly served with the court subpoena or was otherwise unable to defend themselves adequately; or (3) The judgment contravenes the public order or moral standards of Thai people. However, it is noteworthy that this provision for recognizing and enforcing foreign judgments is narrowly tailored to the specific circumstances outlined in the Act.

To summarize, Thailand does not have a general framework for the recognition and enforcement of foreign judgments. When foreign judgments are presented in Thai courts, they are treated as merely one element of evidence. The Act on Civil Liability for Oil Pollution Damage B.E. 2560 (2017), Article 36 is only an exception, allowing for the enforcement of foreign judgments under narrowly defined conditions.

The information in the above write-up is provided only for general guidance and is not intended to be taken as legal advice. Readers and/or users should refrain from acting on the above information without first seeking independent legal advice.

COVID-19 MEASURES

COVID-19 MEASURES

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Practice Guidelines on Case Management During the Coronavirus Disease (COVID-19) Pandemic No.3, dated 4 January B.E. 2564 (2021): Link here

The COVID-19 Speech by the Supreme Court of Thailand at the 9th CACJ Meeting, delivered on 7 October 2021, may be accessed here: Link here 

The presentation material of the COVID-19 Speech by the Supreme Court of Thailand at the 9th CACJ Meeting, delivered on 7 October 2021, may be accessed here: Link here 

Others

Others

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The Criminal Courts for Corruption and Misconduct Cases

The Criminal Courts for Corruption and Misconduct Cases consist of one Central Criminal Court for Corruption and Misconduct Cases in Bangkok and nine regional Criminal Courts for Corruption and Misconduct Cases. They were established under the Act establishing The Criminal Court for Corruption and Misconduct Cases B.E. 2559 (2016), in order to have courts dedicating to misconduct cases, to expand corruption cases prosecution to private sector and lower levels of government officials and to expedite adjudicating corruption cases.

The hierarchy of the Criminal Courts for Corruption and Misconduct Cases is equivalent to court of first instance. Its responsibility is to try and adjudicate the corruption and misconduct cases against government officials, as well as against other persons, whether as a principal, instigator, supporter or accomplice.

In brief :

A “State Official” means State Officials, Foreign State Officials, and International Organization Officials under the Organic Act on Counter Corruption, the law on administrative measures for the prevention and suppression of corruption, and includes the Official under the Penal Code.

“Corruption” means corruption under the Organic Act on Counter Corruption, the law on administrative measures for prevention and suppression of corruption, or other Organic Acts or other laws.

“Misconduct” means an act that is not Corruption, but the performance or omission of a particular act on account of such person committing the offence having the position or duty, which violates the laws, rules, regulations, orders, or Cabinet Resolutions aiming to control the acceptance, keeping, or expenditure of money or property of the State.

Specialised Courts

Specialised Courts

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Juvenile and Family Courts

The Juvenile and Family Courts consist of the Central Juvenile and Family Court and the Provincial Juvenile and Family Courts. Two career judges and two lay judges, one of those must be a woman, constitute a quorum of the Juvenile and Family Courts. An appeal against a judgment or order of the Juvenile and Family Courts lies with the Courts of Appeal for Specialized Cases.

The purposes of establishment of the Juvenile and Family Courts is to improve on rights protection, welfare and practices for children, women and members of the family including setting up the procedure in the Juvenile and Family Courts to be in line with the Constitution, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against women.

Labour Courts

The Labour Courts consist of one Central Labour Court in Bangkok and nine Regional Labour Court. They were established under the Act on Establishment of Labour Courts and Labour Court Procedure B.E. 2522 (1979). The establishment of the Labour Courts is to ensure that specific and technical problems regarding labour cases will be solved by appropriate adjudicators. Apart from professional judge who is appointed because of competent knowledge on labour cases, lay judges also involve constituting a quorum.

The hierarchy of the Labour courts is equal to court of first instance having jurisdiction over the cases concerning employment contract as well as rights and obligation under the Labour Protection Act, Labour Relations Act, Workmen’s Compensation Act, and Social Security Act.

Central Tax Court

The Central Tax Court was established under Act on the Establishment of and Procedure for Tax Court B.E. 2528 (1985) in order to ensure that specific and technical problems regarding tax cases will be solved by appropriate adjudicators.

The Central Tax Court is the Court of First Instance for all tax cases throughout the Kingdom. It was empowered authority to try the following cases:

  • Appeals against the decision of tax officers or committees

  • Disputes over the claims of state tax obligations

  • Disputes over tax refunds

  • Disputes over rights or obligations concerning tax collections. Disputes over the right or obligations regarding tax collection obligations

  • Other cases made subject to the Act as prescribed by other laws.


At present, the Central Bankruptcy Court is situated at Ratchadaphisek Road, Chatuchak, Bangkok.

Central Intellectual Property and International Trade Court

The Central Intellectual Property and International Trade Court was established due to the notion that the characteristics of the intellectual property and international trade cases are different from other general cases and should be handled by judges and associate judges who have expertise in those area.

The Central Intellectual Property and International Trade Court was established under the Act on the Establishment of and Procedure for Intellectual Property and International Trade Court B.E.2539 (1996), having power to adjudicate civil and criminal cases in relation to intellectual property and international trade. Currently, as regional Intellectual Property and International Trade Courts have not yet been established, the jurisdiction of the Central Intellectual Property and International Trade Court therefore covers the entire Kingdom according to transitional provision of the law.

At present, the Central Intellectual Property and International Trade Court is situated at Ratchaburi Direkrit Building, The Government Complex, Chaengwattana Rd. Laksi District, Bangkok.

Central Bankruptcy Court

The Central Bankruptcy Court was established under Act on the Establishment of and Procedure for Bankruptcy Court B.E. 2542 (1999) in order to ensure that specific and technical problems regarding bankruptcy cases will be solved by appropriate adjudicators.

The Central Bankruptcy Court was empowered its jurisdiction over Bangkok. Technically in accordance with the transitional provision of aforementioned act, the Central Bankruptcy Court also has its jurisdiction over the area throughout Thailand in which no bankruptcy court was established. Cases brought to the Central Bankruptcy Court are civil cases, criminal cases, reorganization cases according to the Bankruptcy Act. B.E. 2483 (1940)

At present, the Central Bankruptcy Court is situated at Ratchaburi Direkrit Building, The Government Complex, Chaengwattana Rd. Laksi District, Bangkok.

Courts of First Instance

Courts of First Instance

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Courts in Bangkok – Civil Cases

Under Thai Law, the plaintiff must bring a civil case to the court where the cause of action arises or where the defendant is domiciled. Where an immovable property is involved, the plaintiff has to bring a law suit to the court where such property is situated, or where the defendant is domiciled. However, in the consumer case, in which the business operator will bring a case against the consumer, only domicile principle is applied.

In Bangkok, Courts of First Instance dealing with civil cases are the Civil Court, the Bangkok South Civil Court, the Thon Buri Civil Court, the Min Buri Civil Court, the Taling Chan Civil Court, and the Phra Khanong Civil Court, depending on the district where the cause of action arises or where the defendant is domiciled.

For disputes on civil matters occurring outside the territorial jurisdiction, the Civil Court has discretion either to try and adjudicate those cases or to transfer them to the court having territorial jurisdiction.

Courts in Bangkok – Criminal Cases

As regards criminal cases, the court in a district where an offence has been committed, alleged or believed to have been committed, or where an accused resides or is arrested, or where and inquiry official makes an inquiry has jurisdiction over the cases. In Bangkok, Courts of First Instance handling criminal cases are the Criminal Court, the Bangkok South Criminal Court, the Thon Buri Criminal Court and the Min Buri Criminal Court, the Taling Chan Criminal Court, and the Phra Khanong Criminal Court, depending on the district where an offence has been committed, alleged or believed to have been committed, or where an accused resides or is arrested, or where an inquiry official makes an inquiry. Like the Civil Court, the reason to establish other criminal courts in Bangkok was to alleviate the workloads of the Criminal Court. Also, the Criminal Court has a discretion either to try and adjudicate criminal cases arising outside its territorial jurisdiction but was brought before it or to transfer to the court having territorial jurisdiction.

Provincial Courts

Provincial Courts exercise unlimited original jurisdiction in all general civil and criminal matters within their own districts which are generally the provinces themselves. For the purpose of expansion of services of the court to the distance area, some provinces of the court to the distance area, some provinces may have more than one Provincial Court. For example, in Nakhon Ratchasima Province, there are three Provincial Courts, i.e., the Nakhon Ratchasima Provincial Court, the Sikhio Provincial Court and the Bua Yai Provincial Court. Where a case within the jurisdiction of the Municipal Court is brought to the Provincial Court, the latter has to transfer the case to the former.

Each Provincial Court has a Chief Judge who is the head and responsible for the judicial work of the Court. The Director of “The Administrative Office of such Provincial Court under the supervision of the Chief Judge is responsible for administrative work of the Court”

Municipal Courts (Kwaeng Courts)

The Municipal Court is known as Kwaeng Court. There are six Municipal Courts in Bangkok Metropolis : the Bangkok North Municipal Court, the Bangkok South Municipal Court, the Thon Buri Municipal Court, the Dusit Municipal Court, the Pathumwan Municipal Court and the Don Muang Municipal Court. The primary function of Municipal Courts is to dispose of small cases quickly with minimum formality and expense. The jurisdiction of these courts covers both criminal and civil cases. Criminal cases fallen in the jurisdiction must deal with the criminal offence punishable with a maximum of three years imprisonment, or fine not exceeding 60,000 baht or both. For civil cases, the amount of claims must not exceed 300,000 baht. The proceeding in Municipal Courts is emphasized on the speedy trial; therefore, the trial is more simple and oral judgment or summarized judgment may be issued.

Courts of Appeal

Courts of Appeal

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General Courts of Appeal

Courts of Appeal consist of the Court of Appeal and nine Regional Courts of Appeal. The Courts of Appeal handles an appeal against a judgment or order of Civil Courts and Criminal Courts. Meanwhile the Regional Courts of Appeal handle an appeal against a judgment or order of the other Courts of First Instance located within their regions. According to the 2007 Constitution, Section 219 paragraph three prescribes that the Court of Appeal has power to try and adjudicate cases relevant to the election and revocation of the election rights in the election of local councils and local administrators. The jurisdictions of the Regional Courts of Appeal are consistent with the jurisdictions of the Courts of First Instance of Regions I – IX. Each Court of Appeal is headed by the President of the Court assisted by Vice-Presidents of the Court. At least three Justices form a quorum. Each Court of Appeal has a Research Justice Division consisting of research judges. The primary function of the Division is to assist justices of the Courts of Appeal by examining all relevant factual and legal issues of the cases, conducting legal researches and discussing with those justices to ensure uniformity and fair results.

Court of Appeal for Specialized Cases

In order to harmoniously organize the appeal and dika appeal system nationwide, the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) was enacted to facilitate judges with various expertise in adjudicating specialized cases with expediency and uniformity and conform to the new appeal and dika appeal for ordinary civil cases already amended by laws. The Court is empowered to try and adjudicate cases appealed for specialized courts as follows:

  • Intellectual Property and International Trade Court

  • Tax Court

  • Labour Court

  • Bankruptcy Court

  • Juvenile and Family Court

The Court of Appeal for Specialized Cases is divided into 5 divisions: Intellectual Property and International Trade Case Division, Tax Cases division, Labour Case Division, Bankruptcy Case Division, Juvenile and Family Case division. The Court was inaugurated on October 1, 2559 (2016).