THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
may include monetary compensation, specific performance, or injunctions. These awards are contingent on the nature of the case and the evi- dence presented. Courts may also award legal costs to the prevailing party, depending on the circumstances and discretion of the court. The awarded legal costs are normally not substantial. 9.2 Rules Regarding Damages Thai law primarily focuses on compensatory damages, with punitive damages not gener- ally available, except in specific statutory con- texts such as intellectual 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 inter- est 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 which is 5% per annum, until the judgment is fully satisfied. These inter- est 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 Thai- land is executed through the Legal Execution Department, which is a government authority. The available mechanisms 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 a 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. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation 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 (Dika Court) if permission to appeal is granted. In special- ised cases, such as administrative or intellectual property disputes, the appellate routes may dif- fer. 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 gener- ally granted when there are significant questions of law or errors in the application of the law, or
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