`The parties shall submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts of [ ]`. It is therefore logical to indicate in a contract which body of law it will regulate. Otherwise, if the terms of the contract later become relevant in a dispute between the parties, there is a risk of unnecessary conflict over the laws that should be used to interpret the obligations of the parties. In general, movable and immovable property is subject to the law of the place where it is located. Foreign investors entering into investment transactions related to Thailand should consider using Thai courts as a dispute settlement venue. Although cross-border agreements typically cite jurisdictions such as New York, England, Singapore or Hong Kong as a litigation environment, this approach is not practical for transactions in Thailand. Foreign judgments are not enforceable in the kingdom, so a plaintiff would have to take a new legal action in Thailand to sue a defendant`s Thai assets or perform a contract. No liabilityBy accessing this website, you agree that Thai Airways International Public Company Limited (THAI) shall not be liable for any direct, indirect or consequential damages arising out of the use of the information and materials contained therein or your access to other materials on the Internet via links from this website. Parties to cross-border contracts generally choose their dispute resolution location based on convenience, familiarity and experience in international disputes.

However, the need to retry a case in Thailand often makes choosing another jurisdiction impractical. A location abroad can be useful for dispute resolution if a party based in Thailand only has assets outside of Thailand. But if not, Thailand is the most convenient choice. And with the increasing number of international cases heard by the IP&IT tribunal, foreign litigants can expect a fair and impartial hearing. Copyright /Intellectual Property RightsThe content on this website is copyrighted material owned or controlled by THAI. You may only use this website for your personal, non-commercial use. You may not use, copy, modify, transmit, store, publish or distribute the material on this website or create any other material using material on this website without the prior written permission of THAI. The website, products, technologies and processes contained on this website may be subject to other intellectual property rights of THAI or third parties. No license is granted with respect to such intellectual property rights not set forth in these Terms. Your use of this website must not in any way infringe any person`s intellectual property rights. It is important to note that foreign arbitral awards are enforceable in Thailand, as Thailand is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention). This makes foreign arbitration a more viable option for Thai contracts than for foreign court proceedings.

In this context, a new legal action has not yet been filed in Thailand to enforce the foreign arbitral award. Here is a typical provision of applicable law: “This Agreement shall be governed by and construed in accordance with the laws of [Thailand/England/Singapore/etc.]. Thailand has a special court for cross-border cases. The IP&IT Court began hearing cases in 1997 in response to the growing number of disputes involving foreign parties. The IP&IT court has jurisdiction, inter alia, for disputes concerning international trade agreements and international trade (including anti-dumping actions). The Intellectual Property and COMPUTER Court is based in Bangkok, but its jurisdiction extends to the whole of Thailand. Thai courts may apply foreign law in accordance with The Conflict of Laws Act of Thailand B.E. 2481 (“Act”).

In this article, we discuss how Thai courts can apply foreign laws in certain business transactions in Thailand. Although this wording is simple, there are several important factors to consider: Ideally, one should seek the advice of a professional on the form and content of the applicable law and jurisdiction clauses for a particular contract. However, if this is not practical, the principles described above can help avoid some of the problems that may arise. Again, there are a number of factors to consider when drafting a clause of this type: a commercial contract is a legal relationship. This raises the immediate question: a relationship under what laws? Different countries have different laws and the content and effect of these laws can be very different. The terms of use of this website shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and the competent court in Thailand shall have exclusive jurisdiction in the event of any dispute. In addition, once it is established that foreign law is applicable, the law requires the party relying on foreign law to prove foreign law to the satisfaction of the court. This can be done by presenting documentary evidence or experts to the court. Otherwise, Thai law can be applied. With this in mind, it is advisable to consider from the outset whether your position under foreign law is significantly more favorable than under Thai law, and whether you will have difficulty proving foreign law in Thai courts. It should be noted that the valid choice of foreign law in contracts is subject to Thai law applicable to the subject matter of the contract. These laws may impose formal requirements for the conclusion of a valid contract, an electronic document.

B and regulatory registration requirements for real estate transactions. THAI assumes no responsibility for any such errors or inaccuracies. This website has been created in good faith by THAI without any representation or warranty, express or implied, as to the completeness or accuracy of the information contained herein. You should always verify this information before responding to it by calling your local THAI office, the RELEVANT THAI partner or a THAI agent. You agree not to hold THAI responsible for the consequences of any action you take based on the information contained on the THAI website. A clause on the applicable law does this by expressly specifying the choice of applicable law by the parties. While these important concepts are indeed relatively simple, they may seem complicated and technical at first glance. This e-newsletter therefore explains the concepts and differences between them and recommends how they can be dealt with in contracts. We will also highlight some pitfalls that may arise. However, in the case of the export of movable property, the law of the nationality of the owner applies from the date of export. If the parties have agreed to choose a foreign law for their contract, Thai courts will usually implement this intention of the parties. If the choice of foreign law violates public order or morality of Thailand.

Foreign law is applied in Thailand at the discretion of Thai courts. When considering choosing an applicable foreign law for your contract, you should consider the following: Thai Airways International Public Company Limited (THAI) understands as important any information that identifies the customer to whom such information relates. THAI has therefore created the following privacy policy for the processing and protection of personal data….

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