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shall be submitted to Court of Appeal for Specialized Cases. The judgment
or the order of the Court of Appeal for Specialized Cases can be appealed
to the Supreme Court only by permission of the Supreme Court
exclusively for cases relating to important issues such as public interest
of public order.
6.1.3 Enforcement of Civil Judgments of Foreign Courts
Thailand has not concluded any treaty with foreign country for the
reciprocal enforcement of civil judgment. Thailand at present does not
have any specific legislation concerning the recognition and enforcement
of foreign judgments by Thai courts.
In the case no. 585/2461, the Thai Supreme Court lays down the
principle as followed:
- Recognition of foreign judgments was a matter of comity
between nations
- The foreign court that issued the judgment must have had
jurisdiction over the parties.
- The foreign court judgment must be a final decision and the
Defendant must be barred from challenging it by the doctrine
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of res judicata .
Thai law does not provide for the direct enforcement or recognition
of a foreign judgment in Thailand. For the judgment which was given by
the Court of foreign country to be enforced in Thailand, the foreign
judgment creditor needs to initiate proceedings in a Thai court. The
foreign judgment and evidence in the foreign legal proceeding, translated
into Thai, can be admissible as evidence in Thai Court. Thai court is
entitled to consider the case and give judgment based on the merits of the
case.
155 Siam Legal, Recognition of Foreign Judgments by Thai Courts, accessed
on 12 July 2021, https://www.hg.org/legal-articles/recognition-of-foreign-
judgments-by-thai-courts-34342
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