THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
Court Records Generally, court records in Thailand are not pub- licly available and can be accessed by only the parties to the case. If confidentiality is crucial, the parties may also request that the court seal certain documents or keep them confidential. It is up to the court’s discretion whether to approve or reject such request. 8.3 Enforcement of Settlement Agreements If a party does not fulfil its obligations under a settlement agreement, the aggrieved party can file a separate lawsuit for breach of the settle- ment agreement with the competent court. The plaintiff can use the court judgment to enforce against the adversary or judgment debtor. If the settlement involves monetary compensation, and the debtor does not pay, the creditor can initiate enforcement proceedings to seize the debtor’s assets or obtain other remedies. If the parties enter into an in-court settlement agreement, the court will issue a consent judg- ment. In case of breach, the aggrieved party can request that the court enforce the consent judg- ment without the need to file a separate lawsuit for enforcement. 8.4 Setting Aside Settlement Agreements Thailand has no laws specifically addressing the setting aside of settlement agreements. However, if a settlement agreement is formed under certain conditions relating to fraud or other undue process, or if it is contrary to pub- lic policy, an aggrieved party has a right to file a claim to the court to set aside or revoke the agreement. The court will then review the case and determine whether the agreement should be set aside.
Some examples of potential legal bases to set aside a settlement agreement include the fol- lowing. Fraud or Misrepresentation A creditor can apply to a court to rescind any juristic act or agreement committed by a debtor knowing that it will prejudice a creditor. If the creditor can prove that it was induced to enter into the settlement due to fraudulent statements or misrepresentations made by the debtor, the agreement may be declared void by a court order or judgment. Should this be the case, the law provides that rescission of a prejudicial act shall not affect the rights of a third party acquired in good faith before the initiation of an action for rescission. Illegality If the terms of a settlement violate the law or public policy, it may be deemed unenforceable and set aside by the court judgment. Procedural Issues If proper legal procedures were not followed during the formation of the settlement (eg, lack of proper documentation or not being made in the presence of legal representatives when required), an aggrieved party can file a suit to the court for the revocation of such agreement. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant In Thailand, a successful litigant may be awarded compensatory damages, which are intended to restore the injured party to the position it was in prior to the harm. At the full trial stage, remedies
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