THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
10.5 Court-Imposed Conditions on Granting an Appeal The court in Thailand can impose conditions on granting an appeal, such as requiring the appellant to provide security for costs or to demonstrate that the appeal is not frivolous. These conditions ensure that the appeal process is not abused and that the opposing party is protected from unnecessary delays or costs. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing or considering an appeal, the appellate court in Thailand has several powers, including affirm- ing, reversing or modifying the lower court’s judgment. The court may also remand the case back to the lower court for further proceedings if it finds that essential issues were not adequately addressed. In some cas- es, the appellate court may substitute its own judg- ment for that of the lower court. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation In Thailand, the general rule is that the losing party is responsible for paying the costs of litigation, which may include court fees, attorneys’ fees and other related expenses. However, in practice, the amount of attorneys’ fees awarded by the court is nominal, and actual fees will usually far exceed the amount awarded. For this reason, parties should not expect the court to award their actual attorneys’ fees or any- thing beyond a nominal amount. The court has dis- cretion to decide on this matter based on the specific circumstances of the case. Parties may challenge the amount of costs awarded by filing a petition with the court, requesting a review and adjustment. 11.2 Factors Considered When Awarding Costs When awarding costs, Thai courts consider several factors, including the complexity of the case, the con- duct of the parties during the litigation, and the pro- portionality of the costs incurred. The court may also take into account whether any party has acted in bad faith or unnecessarily prolonged the proceedings. The
aim is to ensure that the awarded costs are fair and reasonable, reflecting the actual expenses required for the litigation. 11.3 Interest Awarded on Costs Under Thai law, interest on costs will not be awarded to the winning party. Instead, the court will order the losing party to pay court fees and attorneys’ fees to the winning party. The attorneys’ fees will vary depend- ing on the type of case. In cases with a calculable monetary claim, the court will order the losing party to pay attorneys’ fees of no less than THB3,000 and no more than 5% of the claim value. In non-monetary claim cases, the attorneys’ fees must be no less than THB3,000 and no more than THB30,000. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Thailand is a country in which compromise has tra- ditionally been the preferred method of resolving disputes when possible. Thai people tend to avoid bringing a civil case to the court unless it is absolutely necessary. 12.2 ADR Within the Legal System Negotiation or mediation in civil court proceedings is not mandatory. Nevertheless, the court always encourages the parties to discuss settlement. The court may conduct a mediation session. If the parties are able to settle, the court will issue a consent judg- ment in accordance with the settlement agreement. As it is a voluntary process, there are no sanctions or penalties for unreasonably refusing to participate in ADR institutions that have been promoting ADR, par- ticularly mediation, are the Thailand Arbitration Cent- er (THAC) and the Thai Arbitration Institute (TAI). In addition to providing arbitration services, THAC offers standalone mediation services (both online and in- person) with a panel of mediators from which parties can choose. TAI does not offer separate mediation services, but can accommodate the mediation pro- cess during ongoing arbitration proceedings. negotiation or mediation. 12.3 ADR Institutions
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