THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
9.2 Rules Regarding Damages Thai law primarily focuses on compensatory dam- ages, with punitive damages not generally available, except in specific statutory contexts such as intel- lectual property infringement cases. There are no explicit statutory limits on the amount of damages awarded, but the court determines damages based on actual losses proven. The Civil and Commercial Code requires that damages be proximate and directly caused by a breach of contract or wrongful act. 9.3 Pre-Judgment and Post-Judgment Interest In Thailand, a successful party may collect interest both before and after the judgment is issued. Pre- judgment interest accrues from the date the debt becomes due or the damage occurs. The current statutory rate is 5% per annum, unless otherwise agreed upon. Post-judgment interest accrues from the date of the judgment at the same statutory rate of 5% per annum, until the judgment is fully satisfied. These interest rates may be adjusted by agreement of the parties or specific legislation. 9.4 Enforcement Mechanisms of a Domestic Judgment Enforcement of a domestic judgment in Thailand is executed through the Legal Execution Department, which is a government authority. The available mecha- nisms include seizure and sale of the debtor’s assets, attachment of wages or bank accounts, and other forms of execution as authorised by the court. 9.5 Enforcement of a Judgment From a Foreign Country Thailand does not recognise and enforce foreign judgments. The judgment creditor must initiate a new lawsuit in a competent Thai court, where the foreign judgment may serve as evidence. The Thai court will independently examine the case, including whether the foreign judgment complies with Thai public policy and procedural fairness. Only then may the Thai court issue a judgment that mirrors the foreign one, which can be enforced in Thailand. Enforcement of the Thai judgment (issued based on the foreign judgment) may still be required if the judgment debtor does not vol- untarily comply.
Thailand’s legal system generally provides three levels of appeal. Cases typically proceed from the Court of First Instance to the Court of Appeal, and ultimately to the Supreme Court if permission to appeal is granted. In specialised cases, such as administrative or intel- lectual property disputes, the appellate routes may differ. For instance, administrative courts operate on a two-tier system, while intellectual property courts maintain a three-tier structure, applying general law by analogy as determined by the respective courts. 10.2 Rules Concerning Appeals of Judgments An appeal to a higher court in Thailand is generally granted when there are significant questions of law or errors in the application of the law, or in cases of factual errors that may have affected the outcome. Appeals must be filed within one month from the date of the judgment. Permission to appeal to the Supreme Court is granted only in cases involving significant legal questions or the public interest. 10.3 Procedure for Taking an Appeal To take an appeal in Thailand, a party must file an appeal with the court that issued the original judg- ment. This must be done within one month from the judgment date. A party may ask the court for exten- sions of this deadline, but this will be at the court’s dis- cretion. The appealing party must specify the grounds for the appeal, focusing on errors of law or fact. After filing, the case is reviewed by the appellate court, which normally involves written submissions. 10.4 Issues Considered by the Appeal Court at an Appeal The appellate court in Thailand primarily reviews the legal issues and may also reconsider factual issues if deemed necessary. The appellate court generally does not re-hear the case but reviews the evidence and legal arguments already presented in the lower court. New issues or evidence are typically not allowed unless they pertain to the public interest or were not available during the initial trial.
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