Appeals in Thailand: How Foreign Businesses Can Challenge a Court Judgment

The Court Structure Behind Appeals in Thailand

Thailand uses a three-tier court system. Understanding this structure is the first step toward managing appeals in Thailand effectively, because each tier has its own rules, deadlines, and limits.

At the base sit the Courts of First Instance. These include the general Civil and Provincial Courts, as well as the specialized courts for intellectual property, tax, labour, bankruptcy, and family matters. Above them sits the Court of Appeal. Finally, the Supreme Court (Sarn Dika) stands at the top as the court of last resort within Thailand’s Courts of Justice.

Crucially, the appellate route depends on which court issued the original judgment. A general civil dispute travels to the regional Court of Appeal. A specialized dispute, by contrast, travels to the Court of Appeal for Specialized Cases, which we explain further below.

Filing a Civil Appeal to the Court of Appeal

A civil appeal must be filed within one month from the date the judgment is read in open court. The deadline is calculated from the reading, not from when you receive a copy, so the clock can start before you have studied the full reasoning.

You file the appeal with the same Court of First Instance that issued the judgment. That court then forwards the case file to the Court of Appeal. If you need more time to prepare, you may request an extension, which the court can grant for good cause, typically one month at a time.

What you can challenge

At this stage, you may generally appeal on both questions of fact and questions of law. However, the Civil Procedure Code limits fact-based appeals in smaller cases. Under Section 224, you cannot appeal on questions of fact where the amount in dispute does not exceed THB 50,000, or in eviction cases where the rental value does not exceed THB 4,000 per month.

Importantly, these monetary limits do not apply to disputes over personal status, family rights, or claims that cannot be valued in money. Even in restricted cases, a party may still appeal on a pure question of law, often with certification from the trial judge.

Appealing to the Supreme Court: A Permission-Based Gateway

The most significant change to appeals in Thailand came with the Civil Procedure Code Amendment Act (No. 27) B.E. 2558, which took effect in November 2015. Before that reform, parties could appeal to the Supreme Court as of right. Today, they cannot. The governing rules sit within the Civil Procedure Code maintained by the Office of the Council of State.

Instead, a further appeal to the Supreme Court now requires permission. Under Section 247, a party must petition for leave to appeal within one month from the reading of the Court of Appeal’s judgment. The petitioner must file the petition together with the full Dika appeal and pay the court fees at the same time.

A Permission Committee then screens each petition. It grants leave only in a narrow set of circumstances, such as cases that raise an important legal question, resolve conflicting court decisions, or carry wider public interest. As a result, the Supreme Court accepts only a small minority of petitions each year.

For foreign businesses, this reform carries a clear lesson. In practice, the Court of Appeal is now the effective final stage for most commercial disputes. Therefore, you should invest your strongest arguments and evidence at the trial and first-appeal levels rather than assuming a third review will follow.

Appeals from Thailand’s Specialized Courts

Many cross-border disputes begin in a specialized court rather than a general civil court. These include the Central Intellectual Property and International Trade (IP&IT) Court, the Tax Court, the Labour Court, and the Bankruptcy Court.

Appeals from these courts do not go to the regional Court of Appeal. Instead, they go to the Court of Appeal for Specialized Cases, a dedicated appellate court established to handle technical subject matter consistently. From there, the same permission requirement applies before any case can reach the Supreme Court.

This route matters because specialized disputes often involve the highest commercial stakes for international companies, from trademark infringement to tax assessments and employment claims. Knowing the correct appellate path from the outset prevents procedural missteps that can cost a party its right to be heard.

Does an Appeal Stop Enforcement of the Judgment?

This is one of the most consequential questions for any losing party, and the answer surprises many foreign litigants. Filing an appeal does not automatically suspend enforcement of the judgment.

In other words, the winning party may begin executing the judgment, such as seizing assets or garnishing accounts, even while your appeal is pending. To prevent this, you must apply separately to the court for a stay of execution. The court has discretion to grant a stay, and it will often require the appellant to post security to protect the other side.

For this reason, an appeal strategy and an enforcement strategy must move together. A company that wins a stay protects its cash flow and assets during the appeal. A company that ignores the issue may find a favourable appellate ruling arrives too late to undo the damage. Interim measures such as a preliminary injunction can also play a role in preserving the status quo while proceedings continue.

Court Fees, Timelines, and Practical Strategy

Appeals carry their own court fees. In monetary claims, the ad valorem fee is calculated as a percentage of the amount in dispute, subject to statutory caps. You pay this fee when you file, and the cost should factor into any decision to appeal.

Timing is the other practical reality. A Court of Appeal review can take one to three years, and a Supreme Court review adds further time if permission is granted. Because Thai proceedings rely heavily on documentary evidence and written submissions, the quality of your trial record often determines your appellate prospects. You generally cannot introduce new factual issues on appeal that you failed to raise below.

For foreign businesses, the most effective approach treats litigation as a single continuum rather than separate rounds. Strong pleadings, complete evidence, and clear translations at first instance create the foundation for any later challenge. To understand how the earlier stages fit together, see our guide to Thai court procedures for foreigners.

Frequently Asked Questions

Before an appeal arises, you can now monitor proceedings directly. See our guide to checking your Thailand court case status online.