FAQs: Transportation
Maritime
Q.
Has Thailand ratified either the Hague or the Hague-Visby Rules?
A.
Thailand has not ratified either one. Thailand has its Carriage
of Goods by Sea Act.
Q.
What is the Carriage of Goods by Sea Act applicable to?
A. The
Act applies to carriage of goods by sea from one place in Thailand
to another place outside Thailand, or from a place outside Thailand
to another place within Thailand, except where it is provided
in the bill of lading that the law of another country or international
law shall apply. However, if it appears that one of the parties
is a Thai national or is a juristic person established under Thai
law, the Act shall apply.
Q.
What is the statute of limitations in claims for damages
arising from loss of or damage to goods or for delay in delivery
of the goods carried under a contract of carriage?
A. One
year from the day the carrier delivered the goods or would have
delivered the goods.
Q.
Is there any limitation of liability of the carrier?
A. Yes.
The liability of the carrier for damages resulting from loss of
or damage to goods entrusted to him is limited to Baht 10,000
per shipping unit or Baht 30 per kilogram of the net weight of
the goods, whichever is higher.
Q.
Is it possible to arrest a vessel in Thai waters?
A. Yes,
subject to certain conditions and requirements under the Arrest
of Vessels Act.
Q.
How can a vessel be arrested in Thai waters?
A. A
creditor who is domiciled in Thailand must submit an ex parte
application requesting the court to issue a writ of arrest.
(October 4, 2007)
The above is intended to
provide general information only. The contents do not constitute
legal advice and should not be relied upon as such. If legal advice
or other expert assistance is required, the services of competent
professionals should be sought.
For
further information, please contact Ms.
Pimvimol (June) Vipamaneerut, Partner & Head of Transportation
& Insurance Group (june.v@tillekeandgibbins.com).
