Definition: a foreign court judgment, in this guide, is a final decision of a court outside Thailand that orders one private party to pay money to another. It is distinct from a foreign arbitral award, which follows a separate statutory route.
Can a foreign court judgment be enforced directly in Thailand?
No. The sources we reviewed state that Thailand has no general statute for recognising or enforcing foreign civil and commercial court judgments, and we identified no treaty route. A narrow statutory exception exists for oil pollution damage. Otherwise the creditor brings a new action in a Thai court.
What is the oil pollution exception?
Section 36 of the Act on Civil Liability for Oil Pollution Damage B.E. 2560 (2017) permits enforcement of final judgments of courts of states party to the 1992 Civil Liability Convention. The summaries we reviewed list three limits: the judgment must not be obtained by fraud, the defendant must have been properly served, and the judgment must respect Thai public policy. The rules for serving a foreign defendant in Thailand set out how that service is made.
In addition, a companion statute on the compensation fund, section 34 of the B.E. 2560 fund Act, is reported to work in the same way. We have not read its Thai text. However, neither provision reaches a commercial debt. Outside that exception, enforcing a foreign court judgment in Thailand needs a fresh action.
How does a creditor proceed on a foreign court judgment instead?
- First, confirm that the judgment is final under the law of the court that issued it.
- Next, identify the Thai court that has jurisdiction over the defendant, using sections 3, 4 and 4 ter of the Civil Procedure Code (table below).
- Then file a plaint in that court and produce the foreign judgment as evidence of the claim. The Thai court is not bound by the foreign judgment and decides the claim under Thai law.
- Finally, if the Thai court gives judgment, enforce that judgment under the execution provisions of the Code. See our guides on how long a judgment can be enforced and on asset investigation and enforcement.
Which Thai court can hear a claim on a foreign court judgment?
For enforcing a foreign court judgment in Thailand, the Civil Procedure Code ties jurisdiction to where the defendant is domiciled, where the cause of action arose, and where the defendant has attachable property. The table sets out the provisions in the Thai text. For example, a defendant with no Thai domicile can still be sued where assets are held.
| Situation | Provision | What the Thai text provides |
|---|---|---|
| Defendant domiciled in Thailand | Section 4 | Plaint is filed in the court where the defendant is domiciled or where the cause of action arose. |
| Defendant had a Thai domicile within two years before filing | Section 3(2)(ก) | That place is treated as the defendant’s domicile. |
| Defendant carries on business in Thailand, wholly or in part, personally or through a representative or contact person | Section 3(2)(ข) | The place of business, or the address of the representative or contact person, is treated as the domicile. |
| No Thai domicile, cause of action arose abroad, plaintiff is a Thai national or Thai-domiciled | Section 4 ter, paragraph 1 | Plaint is filed in the Civil Court or the court of the plaintiff’s domicile. |
| Defendant has property subject to execution in Thailand | Section 4 ter, paragraph 2 | Plaint may be filed in the court where that property is located. |
However, paragraph 1 of section 4 ter is open only to a plaintiff with Thai nationality or a Thai domicile. A foreign creditor suing a foreign debtor therefore depends on the debtor’s Thai domicile or business under section 3(2), or on property subject to execution under paragraph 2. The location of the debtor’s assets decides whether a Thai forum exists, before the merits are reached.
What conditions has the Supreme Court described for a foreign court judgment?
For enforcing a foreign court judgment in Thailand, Thai academic sources consistently report Supreme Court Decision No. 585/2461 (B.E.). As reported, the foreign court must have had jurisdiction and the judgment must be final. Enforcement was refused where finality was not proved.
Later decisions are described differently in different sources. In addition, some sources add public order and good morals as a further condition. Because we have not reproduced those decisions, we do not state their holdings. Check the Supreme Court database before relying on any of them.
Does section 148 of the Civil Procedure Code bar a second action?
On enforcing a foreign court judgment in Thailand, section 148 concerns repeat suits. It provides that where a judgment or order in a case has become final, the same parties may not sue each other again on an issue decided on the same grounds. One source we reviewed lists the section among the provisions discussed in connection with foreign judgments. However, the text does not say in terms whether a foreign judgment counts, and we have not confirmed how Thai courts treat the point.
How does a foreign court judgment differ from a foreign arbitral award?
| Item | Foreign court judgment | Foreign arbitral award |
|---|---|---|
| General statute | None identified | Arbitration Act B.E. 2545 and the New York Convention |
| Route in Thailand | New action in a Thai court | Enforcement regime covered in our guide |
| Effect of the dispute clause | An exclusive jurisdiction clause supplies no Thai enforcement mechanism by itself | The arbitration clause leads into the statutory regime (see the arbitration clause guide) |
The consequence for drafting follows from the text of the law. Therefore, where the debtor’s assets are in Thailand, the choice between a foreign court clause and an arbitration clause decides whether the creditor later holds a document with a statutory enforcement route or one that must be litigated again. The same issue arises when enforcing a foreign court judgment in Thailand under a cross-border contract; see our guide to cross-border contract disputes.
Frequently asked questions
Can a judgment from a US, UK or Singapore court be registered in Thailand?
The sources we reviewed describe no general statute that provides for registering a foreign court judgment in Thailand. A creditor brings a new action in a Thai court. The narrow oil pollution exception does not extend to commercial debts.
Does the foreign judgment decide the case in a Thai court?
The summaries we reviewed describe the foreign judgment as evidential material in the Thai action rather than as a binding decision. The Thai court decides the claim. Confirm the current position against the Supreme Court decisions before relying on it.
Is there a treaty that provides for enforcing foreign court judgments in Thailand?
We identified no treaty route for civil and commercial court judgments. Thailand’s treaty position on foreign arbitral awards is different and is covered in our guide on enforcing foreign arbitral awards.
Does an exclusive foreign court clause give a Thai enforcement mechanism?
Because no general statute identified in our review supplies a Thai enforcement mechanism for the resulting judgment. However, the arbitration clause guide on this site covers the route that does have a statutory enforcement regime.
Primary texts are available from the Office of the Council of State and the Supreme Court of Thailand.
Holding a judgment from abroad?
If you hold a foreign court judgment and are considering action in Thailand, contact Lex Bangkok to discuss the matter. See also our commercial litigation practice.