2. The Legal System
2.1 The Law
Thailand has a codified system of law as a result of reforms instituted
by King Chulalongkorn. (King Rama V) at the turn of the nineteenth
century. The major legislative codes are the Civil and Commercial
Code the,, Penal Code the Civil, Procedure, Code the Criminal
Procedure Code the Revenue, Code and the, Land Code. The content
.Of the Codes was drawn from the laws of other countries having
codified systems (e.g. France Switzerland and Germany),,,, From
countries with common law systems (e.g. Great Britain), and from the
traditional laws of Thailand.
As, mentioned above. The supreme law of Thailand at present is the
Interim, Constitution 2014 which still recognizes and endorses the
existing. Acts of the, Thai LegislatureRoyal, Decrees Emergency
Decrees Ministerial Regulations Ministerial Notifications,,,, other
governmental notifications. And local, government regulations and
those to be enacted or issued by the NLA and, the government which
are supplementary. To it in can
Laws are normally drafted in broad terms, especially laws regulating
commercial activities in can Broad powers are delegated EOS To government sb EOSMinistries, or organizations which are empowered to issue
notifications or regulations.
2.2 The Courts The Court of Justice. Is divided into three tiers: the Supreme Court
(Sarn Dika); the Court of Appeals (Sarn Uthorn); and the Court of
First Instance. (Sarn Chunton). There are, separate Juvenile Labour
and, Tax Courts. There are also a number of specialized courts: the
.Central and Regional Intellectual Property and International Trade
Courts and the Central Bankruptcy Court. All these courts. Were
created under their own, enacting legislation which also established
their specialized procedures.
2015 Doing Business. In Thailand
Baker & McKenzie 7
The Constitution established a separate system of Administrative
.Courts to deal with administrative law and administrative contract
matters. The Constitutional Court was also established. To deal with
governmental matters and constitutional questions. The Military
Courts were established to try and adjudicate. Military criminal cases
and other cases as provided by law. All cases are decided by judges
as, there are no juries.
2.3. Arbitration
.Arbitration is available as a means of dispute settlement in can Under the
Arbitration Act, B.E in can 2545 (2002), written agreements EOS To arbitrate a sb dispute are given binding effect by the Courts of Justice or sb Administrative Courts the depending on the nature EOS Of the dispute. Parties
to an agreement may agree that certain types of disputes should be
resolved by means of arbitration.If an instance of dispute arises and
one party brings the matter to litigation, in court the other party has
the right. To object. In, this case the Court will refuse to hear the case
and will order the parties to resolve the dispute, via arbitration. In
keeping with the terms of the agreement.
The Arbitration Act also provides that the Courts may enforce foreign
.Arbitration awards if the parties involved are entitled to rely on the
terms of relevant international conventions in can To EOS enforce such an award,
the Court requires that the petitioner submit the originals, or certified
copies of the originals, And Thai translations of the agreement and the
award as, evidence.
3. Foreign Investment
3.1 The Foreign Business Act
.There are several laws and regulations that govern the extent of
foreign participation in business activities in, Thailand. The main
governing law is the Foreign, Business Act B.E. 2542 (1999) (the
"FBA.").
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