THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
10.6 Powers of the Appellate Court After an Appeal Hearing After hearing or considering an appeal, the appellate court in Thailand has several pow- ers, including affirming, reversing, or modifying the lower court’s judgment. The court may also remand the case back to the lower court for fur- ther proceedings if it finds that essential issues were not adequately addressed. In some cases, 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 liti- gation, which may include court fees, attorney’s fees, and other related expenses. However, in practice, the amount of attorney’s fees award- ed 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 attorney’s fees or anything 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 sev- eral factors, including the complexity of the case, the conduct of the parties during the litigation, and the proportionality 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
in cases of factual errors that may have affected the outcome. Appeals must be filed within one month from the date of the judgment. Permis- sion to appeal to the Supreme Court is granted only in cases involving significant legal questions or 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 judgment. This must be done within one month from the judgment date. A party may ask the court for extensions of this deadline, but this will be subject to the court’s discretion. The appealing party must specify the grounds for the appeal, focusing on errors of law or fact. After fil- ing, 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 appeal court in Thailand primarily reviews the legal issues and may also reconsider fac- tual issues if deemed necessary. The appel- late 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 public interest or were not available during the initial trial. 10.5 Court-Imposed Conditions on Granting an Appeal The court in Thailand can impose conditions on granting an appeal, such as requiring the appel- lant to provide security for costs or to demon- strate 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.
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