Where a court judgment has not been complied by the parties who lost the case ‘the losing party’. It is the time for ‘the winning party’ to enforce the awards. This article gives you basic information about the enforcement of ‘the civil and commercial court awards’ In thailand, all enforcement of awards after judgment or arbitrator decision whether an International arbitration or Thailand arbitration are under the same proceedings and law, the main areas of the enforcement procedures are the same.1
Judgement and Decree
Basically, when the court makes the judgment whether according to the settlement between the claimant and defendant or the judgment after trial, the Court also issue the decree which clearly describe that the losing party shall complied with the judgment in which specify period of time such as within 30 days for common cases and 15 days for a petty case. That together with the other conditions under which, such as payment of a sum of money, delivery something, performance or restraint to the place.3
The losing party may appeal to a higher court, but the winning parties allowing to start the enforcement procedure and task of collecting the judgment. However, the losing party who appeal to a higher court may file stay of enforcement motion. 4
How long is an Award Valid?
Where an award has not been complied with in whole or in part, the winning party has to apply for the execution within 10 years from the date of judgment. And within 3 years from the day that the award is enforceable for the arbitration.2
Importantly, it does’t mean the judgment will be invalid, if the winning party doesn’t get the whole awards within the 10 years or 3 years. It does only mean the winning party has to get all procedures of the enforcing done within 10 years or 3 years from the said date such as apply for appointment of the duty execution officer. When the wining party compile all basic requirements by the law, the winning party has the rights to enforce the award until the losing party complies the performance with the whole awards, no matter how long doesn’t it takes.
Carry out the Enforcement
The enforcing of the award carried out by an executing officer on behalf of the winning party, in so far as the nature of execution through an executing officer, for examples;
When the losing party has not complied the whole payment according to the decree, the officer will not find out the losing party’s property for the winning party payment, the winning party must find the losing party’s property himself and give the proof of the existing property of the losing party to the officer such as bank saving account, title deed, salary payment from the losing party’s employer.
After the proof of such existing property, the officer will arrange the seizure whether movable property or immovable property by public auction. Or by the attachment of moveable property or immovable property including all rights which to be paid, to be delivered or to be transferred by third persons to the losing party such as the money the losing party earns or money that someone owed to the losing party.
When those proceeding are done the officer will arrange the payment to the winning party.
Delivery or Transfer of the property
When the decree that the losing party shall deliver something to the winning, there will be 2 main categories which are delivering of a moveable property and immovable property. In normal practice usually the immovable property such as land and/or house which is always comes with title registration, the executing officer can use the decree to force the land officer to register the transfer of ownership of such property to the winning party without losing party consent. After the transfer of the ownership, some properties may be in need of an eviction.
In case of eviction, if the losing party doesn’t leave the property, the officer will report the court and the court can arrest and put the losing party in detention immediately. In case no person stay in the property, the executing officer has the rights to entrust the property to the winning party for entering possession of the property immediately. Also, the rights to destroy the obstruction of the possession, if any.
If there is a thing belong to the losing party or any person remaining in the property, the executing officer has the rights to entrust it in the possession of the owner of such things.
Enforcement of awards can be so complicate issues to handle by yourself. If you are in need of enforcing the awards problems whether court awards or arbitral awards, or for further information about litigation, you may see more information on the dispute resolutions page or just feel free to contact us at any time, We Can Help.
1 the Thailand Civil and Commercial Procedure Title 2 Chapter 1, the Thailand Arbitration Act B.E. 2545 Chapter 7
2 the Thailand Arbitration Act B.E. 2545, Section 42
3 the Thailand Civil and Commercial Procedure Section 272, 272
4 the Thailand Civil and Commercial Procedure Section 231