Litigation in Thailand

Litigation in Thailand operates within a civil law framework grounded in codified statutes, with proceedings governed primarily by the Civil Procedure Code B.E. 2477 (1934). The litigation process is judge-led, without juries, and emphasizes written submissions, documentary evidence, and strict procedural compliance. While the Thai legal system is relatively accessible, it presents unique procedural features, timelines, and evidentiary rules that foreign litigants must understand thoroughly.

This article provides a detailed and structured analysis of civil litigation in Thailand, focusing on jurisdiction, procedure, interim relief, evidentiary rules, appeals, enforcement of judgments, and specific considerations for foreign parties.

1. Legal System Overview

1.1 Nature of the Legal System

  • Thailand follows a civil law system, influenced by European codes (notably German and French).

  • No binding judicial precedent, but Supreme Court (Dika Court) rulings are persuasive.

  • Courts play an inquisitorial role, with judges actively managing evidence and procedure.

1.2 Courts of Competent Jurisdiction

Thailand’s judiciary includes:

  • Courts of First Instance:

    • Civil Court (e.g., Bangkok Civil Court)

    • Provincial Courts

    • Specialized Courts (IP & IT, Labor, Tax, Bankruptcy, Juvenile)

  • Court of Appeal: Reviews both law and fact in most cases

  • Supreme Court (Dika Court): Final court of appeal, generally restricted to legal issues

2. Civil Jurisdiction and Forum Selection

2.1 Subject Matter Jurisdiction

  • Civil Courts: General contractual and tort claims

  • Specialized Courts:

    • IP & IT Court: Intellectual property, trade secrets, computer crime

    • Labor Court: Employment disputes

    • Bankruptcy Court: Insolvency and reorganization

    • Tax Court: Tax assessment and administrative challenges

2.2 Territorial Jurisdiction

  • Cases are filed in the court where:

    • The defendant resides, or

    • The cause of action arose

  • In some cases, the contract may designate a venue, but Thai courts may override this if jurisdictional rules are violated

3. Commencing a Civil Action

3.1 Filing a Complaint (Plaint)

  • A civil suit begins with submission of a plaint (คำฟ้อง), stating:

    • Parties' names and status

    • Factual allegations

    • Legal basis and relief sought

  • Filed with the court clerk and assigned a case number and judge

3.2 Filing Fees

  • Ad valorem system: Fee is based on the claim amount (approximately 2%)

  • Court may waive or reduce fees in appropriate cases

3.3 Summons and Service

  • Court issues a summons (หมายเรียก) to the defendant

  • Service is executed by court officers

  • For foreign defendants, service may require:

    • Thai Ministry of Foreign Affairs (MFA) coordination

    • Hague Convention channels (if applicable)

4. Response and Preliminary Proceedings

4.1 Answer to the Complaint

  • Defendant must respond within 15 days (extendable for good cause)

  • May include:

    • Denials and admissions

    • Affirmative defenses

    • Counterclaims

4.2 Preliminary Hearings

  • Used to:

    • Define issues in dispute

    • Encourage mediation or settlement

    • Admit or exclude evidence

Courts often refer civil disputes to in-house mediation before proceeding to trial.

5. Discovery and Evidence in Thai Litigation

5.1 Absence of Common Law Discovery

  • No general right to pre-trial discovery

  • Parties submit evidence with their initial pleadings

  • Requests for additional evidence or inspection must be court-approved

5.2 Admissible Evidence

  • Documentary evidence (contracts, receipts, emails)

  • Witness testimony (subject to cross-examination)

  • Expert evidence (valuations, forensic reports)

  • Physical evidence (site inspections, photographs)

5.3 Use of Foreign-Language Documents

  • Must be translated into Thai

  • Translations must be:

    • Certified by official translators, and

    • May require notarization or legalization for authenticity

6. Trial Process and Courtroom Procedure

6.1 Bench Trial Format

  • No juries in Thai civil courts

  • Judges actively question witnesses and clarify facts

6.2 Sequence of Proceedings

  1. Opening statement (optional)

  2. Plaintiff’s witnesses examined and cross-examined

  3. Defendant’s witnesses

  4. Closing statements

  5. Submission of written summaries (in complex cases)

6.3 Judgment

  • Court renders a written judgment

  • Decision includes findings of fact, legal reasoning, and relief

  • Issued within 30–90 days after final hearing

7. Interim Relief and Provisional Measures

Courts may grant interim orders to protect parties during litigation:

  • Temporary injunctions (e.g., freezing assets, halting construction)

  • Garnishment of bank accounts or wages

  • Seizure of property

  • Provisional measures to preserve evidence

Plaintiff may be required to post security or bond to cover potential damages if relief is wrongly granted.

8. Appeals and Supreme Court Review

8.1 Appeals to Court of Appeal

  • Appeals may cover fact and law

  • Must be filed within 30 days of judgment

  • The court may stay enforcement pending appeal

8.2 Appeals to the Supreme Court (Dika Court)

  • Generally limited to questions of law

  • Requires court’s permission in some civil cases

  • Judgments are final and binding

9. Enforcement of Judgments

9.1 Domestic Judgments

  • Executed through the Legal Execution Department (LED)

  • Common enforcement actions:

    • Seizure and auction of debtor’s property

    • Garnishment of salary or bank accounts

    • Lien registration on land and assets

9.2 Foreign Judgments

  • Not directly enforceable in Thailand

  • A new lawsuit must be filed in Thai courts using the foreign judgment as evidence of debt

  • Recognition is discretionary and subject to:

    • Public policy

    • Due process standards

9.3 Arbitration Awards

  • Thailand is a party to the New York Convention (1958)

  • Foreign arbitral awards are enforceable under the Arbitration Act B.E. 2545 (2002), subject to limited defenses

10. Litigation Costs and Timelines

10.1 Duration

  • Typical civil cases: 6–18 months at trial level

  • Appeals: Add 1–2 years

  • Complex commercial or cross-border cases: May extend beyond 3 years

10.2 Legal Costs

  • Court fees: Based on claim value

  • Attorney’s fees: Not recoverable unless contractually agreed or exceptionally awarded

  • Other costs: Translation, interpretation, expert reports, witness expenses

11. Considerations for Foreign Litigants

  • Must appoint a licensed Thai lawyer

  • Documents must be translated and, where applicable, legalized

  • Non-resident plaintiffs may be required to post a security bond under Section 143 CPC

  • Power of attorney and affidavits must be notarized and legalized in the country of origin

Conclusion

Litigation in Thailand is a procedurally rigorous and formally structured process. While the system offers predictability, access to justice, and appeal rights, it also requires a strong command of procedural law, evidentiary rules, and judicial expectations.

For foreign parties, litigation in Thailand presents both challenges and opportunities—challenges in terms of language, legal differences, and enforcement; opportunities in terms of a relatively accessible civil justice system and well-defined rules.

To succeed in Thai litigation, litigants must focus not only on the merits of the case but also on proper procedural compliance, strategic evidence presentation, and timely enforcement of judgments.

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