In this chapter from Eversheds Sutherland’s Global Freezing Order Guide, attorneys from Tilleke & Gibbins provide answers to common questions regarding civil freezing orders and their particulars in Thailand. 1. Are freezing orders (or their equivalent referred to below) available in civil legal proceedings in this jurisdiction and what is their effect? Yes. The effect of a freezing order is that the respondent is prohibited from transferring or disposing of the assets referred to in the freezing order until a specified time (for example, a further hearing, a judgment or payment) or a further order of the Court. The property subject to a freezing order may include the property in dispute or the respondent’s property, including money or property owed to the respondent by a third party. Thai law is silent on the issue of whether a freezing order issued by a Thai Court could potentially apply to assets located outside of Thailand. In light of this, in practice, a Thai Court is unlikely to include assets located outside of Thailand in a freezing order. It is possible that a Thai Court could order a respondent over whom it has jurisdiction not to transfer any property or other assets located abroad, however, enforceability may be difficult, with limited consequences where the respondent refused to comply with such an order. 2. Are other interim orders commonly made in conjunction with a freezing (or equivalent) order? No. The Court does not typically place obligations on the respondent to provide disclosure of the nature, value and location of his, her or its assets, with the onus being on the applicant to provide the Court with the information available. 3. Briefly what is the relevant legal test? The applicant has to prove that there is good cause for the complaint. The applicant must

Over the past decade, business rehabilitation proceedings in Thai courts have received a great deal of attention from debtors and creditors, especially after the COVID-19 pandemic. Business rehabilitation and bankruptcy proceedings have different objectives in court. As a result, Thai courts have a different perspective and set of criteria for considering and approving rehabilitation proceedings than for bankruptcy petitions. Both proceedings are outlined in the Bankruptcy Act B.E 2483 (1940). This article mainly discusses in-court business rehabilitation proceedings. Three parties can petition the court to initiate business rehabilitation proceedings: Debtors; Creditors; and Certain authorities, such as the Bank of Thailand For a debtor to be subject to business rehabilitation proceedings, it must: Be insolvent or unable to repay debt of at least THB 10 million (for corporate debtors) or from THB 2 million to less than 10 million (for SME debtors); Have debt that is determinable but has not yet become due; Be indebted to one or more creditors, where the combined total of the debt is within the required debt amounts above; and Have reasonable cause and possible ways to rehabilitate its business. Court Approval of a Petition Upon receipt of the business rehabilitation petition, the Bankruptcy Court will schedule a hearing on it. In conducting an inquiry into the petition, the court will consider whether: The facts in the petition are true; There are prospects of success for business rehabilitation; and The petitioner has filed the petition in good faith. If these three criteria are met, the court will approve the business rehabilitation. Prospects of Success In considering whether there are prospects of success for business rehabilitation, the court will look at whether the business rehabilitation petition contains reasonable grounds as well as appropriate and feasible solutions for rehabilitating the business. In that regard, the petitioner must

A bank guarantee or bond is a powerful tool that provides contractual parties with security and assurance. Bank guarantees are commitments made by a bank (as a guarantor) on behalf of a customer (as an obligor) to a beneficiary to ensure that certain contractual obligations will be fulfilled. If the customer fails to comply with these obligations, the bank can compensate the beneficiary up to the amount specified in the bank guarantee. Bank guarantees are widely used in Thailand as a form of security and are common in construction agreements and government procurement contracts, among others. If the beneficiary (e.g., a project owner) concludes that the counterparty in the agreement (e.g., a contractor) has breached the underlying contract in some way, the beneficiary will demand payment from the bank pursuant to the guarantee. Collecting on a Guarantee and Preventing Payment In the context of construction and procurement agreements, there are two types of bank guarantees—conditional and unconditional. A conditional bank guarantee means that the project owner must satisfy certain agreed-upon conditions (e.g., provision of proof of the breach, proof of damages, or even consent from the contractor) to demand payment. An unconditional bank guarantee means that the bank must compensate the project owner for the demanded amount (up to the limit specified in the bank guarantee) without any conditions. When a project owner concludes that a contractor has breached the underlying contract (often for nonperformance or failure to comply with a representation or warranty), the project owner will demand payment from the bank holding the guarantee. Upon receiving such a demand, Thai banks will usually inform the contractor and ask if it has any objections. Even if the bank guarantee is unconditional, in practice, a bank may be reluctant to make payment if the contractor, as the bank’s customer,

Under Thai law, namely the Criminal Procedural Code, an injured person may bring a criminal case to a criminal court without having a public prosecutor file the case for him or her. After the court conducts an inquiry into the case, the court considers whether to accept the case for further trial and determine whether the defendant should be penalized accordingly. Private parties involved in certain types of cases, such as labor disputes or shareholder disputes, may find this a common channel to pursue. Criminal law in Thailand recently underwent a significant change, as new legislation changed numerous criminal offenses to become phinai-fine offenses instead. However, as this is a relatively new development, there are still instances in which plaints involving phinai fines are still being submitted to the court by these private injured persons as criminal cases. But this raises the issue of whether the court can proceed with such cases. For over a year, Thailand has enforced the Act on Phinai Fine Proceedings B.E. 2565 (2022) (ACFP) as a new legal measure to decriminalize certain types of fines for criminal penalties with less-serious offenses to phinai offenses, which results in phinai-related offenders having to pay only fines instead of facing the entire criminal procedures and penalties under the Thai Penal Code and Criminal Procedure Code, including bail submission, travel restrictions, imprisonment, and a criminal record. What happens to ongoing trials in court for phinai offenses? The ACFP automatically changed criminal offenses under 204 pieces of legislation, including certain offenses under the Bankruptcy Act B.E. 2483 (1940), the Determining Offenses Relating to Registered Partnership, Limited Partnership, Limited Company, Association, and Foundation Act B.E. 2499 (1956), the Labor Relations Act B.E. 2518 (1975), the Consumer Protection Act B.E. 2522 (1979), the Public Limited Companies Act B.E. 2535 (1992), and