Contract Validity

[A_Traveller]

I've been away from this sort of thing for some while, and so many rules seem to have changed, so a quick couple of questions, before legal beagling.

If a contact is issued, and signed all in English does it have any validity/enforceability in Thai Law?

Does such a contract have to be registered [at the Min. of Commerce] to be valid?

Can the contact be registered by only one party or must both be part of the registration process?

The contact is not with me and this is a preemptive 'what if' post.

Regards & TIA

[Soutpeel]

You would write a clause in the contract which says contract has enforceability/validity in both countries concerned.

In other words both parties would agree to have recourse in the legal system in either country during dispute

[quiksilva]

An English contract is perfectly valid in Thai law , but at court proceedings a Thai translation would have to be provided, a contract does not have to be registered at the MoC

[A_Traveller]

Thanks for responses thus far. Just to clarify, IIRC,there was a time when enforceability was enhanced by registration at MoC. Is that now no longer the case?

Regards

[CWMcMurray]

As Soutpeel's post, the contract should have a cuase to advise applicable law.

Please find an example below:

11. Applicable Law and Settlement of Disputes

Thai Law shall be applicable for all transactions & operations under this Contract.

Any dispute (including claims for set-off and counterclaims) arising out of, relating to, or in any way connected with, the existence, validity, effect, interpretation, termination or performance of, or the legal relationships established by, this Contract (or any provision hereof) which cannot be settled amicably within a reasonable amount of time, shall in case of failure be finally resolved under the Rules of Arbitration of the International Chamber of Commerce (ICC) of Paris by one arbitrator. Such arbitrator shall be skilled in the legal and business aspects of the subject matter of this Contract. He shall be chosen by agreement between the Parties. The place of arbitration shall be Singapore (or elsewhere) as agreed between the parties and the language of the arbitration shall be English. The arbitrator shall apply the laws of the United Kingdom to the dispute under arbitration finally.

The above notwithstanding, this paragraph may not apply to any claim or dispute where either Party’s insurers are involved. In such circumstances the options to either arbitrate or resolve through the courts under the laws and corresponding jurisdiction governing this Contract may be at such insurer’s discretion.

[katabeachbum]

It can be in English, but a Thai translation is neede for court.

Its valid for 3 years without being registered.

A contract between a thai co ltd and farang is enforcable. Make sure the co ltd sign has a proxy to sign on behalf of co ltd. Between 2 farang its not easy to enforce.

[A_Traveller]

Thanks again for the updates. A further question, if I may, if a such a contact is made but is not "company stamped" on all copies is it still valid?

Regards