Contract Query

[newsite12]

I have a mutual agreement that is between my business and an agent.

The agent is based in Thailand, and so am I.

However, the agent wants to use a company entity that is not based in Thailand.

Would it be binding to both parties under Thai law?

Or will we be bound by the terms of the agreement, while the agent will not be?...

We are a little worried that if we breached it that they could come after us in Thai law... However, if they breached it, then we would have no protection, as the agent has no Thai operating address in the agreement.

All business under this agreement is to be solely conducted in Thailand. Should the agent put their Thai address on the agreement to give them liability enforcable under Thai law?

This is very important to us.

[craigt3365]

Let's move this over to the Biz forum.

[Soutpeel]

You make the contract binding in both Thailand and the agents own country and this would be written into the contract

[CharlieH]

If its that imnportant to you I wouldnt be asking someone in a forum I would be seeking proper legal advice.

or as a minimum "ask the expert" in the Sunbelt Asia section.

[newsite12]

If its that imnportant to you I wouldnt be asking someone in a forum I would be seeking proper legal advice.

or as a minimum "ask the expert" in the Sunbelt Asia section.

OK thanks.

I will copy to sunbelt forum, if a mod would be kind enough to delete from here to avoid duplication.

[Soutpeel]

If its that imnportant to you I wouldnt be asking someone in a forum I would be seeking proper legal advice.

or as a minimum "ask the expert" in the Sunbelt Asia section.

OK thanks.

I will copy to sunbelt forum, if a mod would be kind enough to delete from here to avoid duplication.

The answer is very simple per my first post....

Contract states T&C's are legally enforceable in under Thai law and the agent's own country....ie if you breach they can sue you in a Thai court, if they breach you can sue in their countries court... not rocket science

You will find it very difficult to sue an entity in a Thai court for breach of contract if the entity concerned does not have a presence in Thailand, even if you did and won how would the judgement be enforced ?....

The above is pretty much standard in contracts where one of the parties operates or is based in another country...