Serving a Foreign Defendant in Thailand: Court Rules

What does serving a foreign defendant in Thailand involve?

Serving a foreign defendant in Thailand involves three steps set by the CCPC. First, section 3 treats a place in Thailand as the defendant’s domicile in defined cases. Next, section 83 bis chooses where service goes. Finally, sections 83 quater to 83 octo govern the request, the transmission and the periods.

How does section 3 treat a defendant with no Thai domicile?

Section 3 applies “for the purpose of filing a plaint” and covers a defendant with no domicile in the Kingdom. Under paragraph (2)(a), a place where the defendant lived in Thailand within two years before filing counts as the domicile. Under paragraph (2)(b), a place of business, or an agent’s residence, counts on the same two-year basis.

Paragraph (2)(b) reaches a defendant who carries on or carried on business, wholly or in part, in Thailand, either personally, through an agent, or through a contact person. The place used for that business, or the residence of the agent or contact person, on the filing date or within the two years before, is treated as the defendant’s domicile. Paragraph (1) separately gives the Civil Court jurisdiction where the cause arose on a Thai ship or aircraft outside the Kingdom. Act No. 12 of B.E. 2534 (1991) amended section 3, according to the amendment note on one Thai statute site.

Where can a plaintiff serve a foreign defendant in Thailand?

Section 83 bis directs the summons and plaint to the defendant’s domicile or place of business outside the Kingdom. Two exceptions send service to a Thai address instead: a defendant who does business in Thailand personally or through an agent, and a defendant who agreed in writing to appoint an agent residing in Thailand.

1. Default route. Service goes to the defendant’s domicile or place of business outside the Kingdom.
2. Business in Thailand. If the defendant carries on business in Thailand, personally or through an agent, service goes to the business premises in Thailand.
3. Written agent appointment. If the defendant agreed in writing to appoint an agent residing in Thailand to receive pleadings and documents, service goes to that agent’s residence.

The same rules apply, with adjustments, to a third party without a Thai domicile who is joined under section 57(3). For example, two Supreme Court decisions, as summarised by a Thai statute site, show the exceptions at work. Decision No. 4939/2549 upheld service at the premises of a genuine Thai business agent under section 83 bis(1). Decision No. 9251/2559 held that a Thai party handling only limited matters, such as ship-related work or cargo release orders, was not a genuine agent, so service at that party’s office fell outside the exception.

Section 83 ter covers later documents. Service goes to the recipient’s Thai business, agent or lawyer where one exists. Otherwise, the document is posted at the court.

What must a plaintiff file for serving a foreign defendant in Thailand?

Section 83 quater requires the plaintiff to petition the court within seven days of filing the plaint, asking it to arrange service abroad. The plaintiff must also file a certified translation into the destination country’s official language or English, unless a treaty binding Thailand provides otherwise, and deposit the expenses the court sets.

The court may also order further documents within a period it sets. If the plaintiff fails to comply, the plaintiff is treated as having abandoned the plaint under section 174. The text sets no figure for the deposit or its deadline. Therefore, the court fixes both.

After the plaintiff complies, section 83 septies makes the court send the documents. The court may use international express post, an international courier company, or the Judiciary Office and the Ministry of Foreign Affairs. The detailed method follows a regulation of the Chief Justice of the Supreme Court. An international agreement that Thailand has joined prevails if it provides a different method.

When does service on a foreign defendant take effect?

Service takes effect only after a statutory period runs. Under section 83 quinquies, service abroad under section 83 bis takes effect after 60 days. By contrast, section 83 sexies sets 30 days for service on the defendant or its agent in the Kingdom. Each period runs from the date of service.

What happens when service abroad cannot be made?

Section 83 octo lets the plaintiff petition the court without notice to the defendant when service under section 83 septies cannot be made, for example because the defendant’s address is unknown. The court may allow posting at the court, and may also order newspaper publication. That service takes effect after 60 days from posting.

The same section applies where the court has sent the documents under section 83 septies but the result of the service is unknown. Section 79 does not apply to the 60-day period. One Thai statute site cites Supreme Court Decisions No. 8368/2563 and No. 8895/2552 on this section, and the text of those decisions was not reviewed for this article.

Defects in service carry procedural weight. Decision No. 3185/2551, as summarised by a Thai statute site, held that service of the originating summons on a defendant domiciled abroad must comply with section 3(2)(b) read with section 83 bis. The same summary says the Supreme Court may raise improper service on its own motion and revoke the affected proceedings. For the consequences of a late defence, see our guide to late defence filing in Thailand.

Does the Hague Service Convention apply?

The Hague Service Convention status table of the Hague Conference on Private International Law lists 84 Contracting Parties and does not list Thailand. The status table consulted shows a last update of 21 March 2024. A publication by a Singapore law firm also states that Thailand is not a party.

Without that Convention, section 83 septies and any treaty Thailand has joined set the route. Confirm the current status with the Hague Conference before relying on this point. The wider framework for disputes with foreign parties appears in our litigation and dispute resolution practice page.

Frequently asked questions

Conclusion

Serving a foreign defendant in Thailand turns on two questions: where the defendant is treated as domiciled under section 3, and which route section 83 bis selects. The periods then follow from sections 83 quinquies, 83 sexies and 83 octo, which run 30 days, 60 days and 75 days according to the method. Overall, the sources agree on these figures and differ only on the trigger for the 75-day period, which the Thai text must settle.