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.
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.
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
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
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
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
Ad valorem system: Fee is based on the claim amount (approximately 2%)
Court may waive or reduce fees in appropriate cases
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)
Defendant must respond within 15 days (extendable for good cause)
May include:
Denials and admissions
Affirmative defenses
Counterclaims
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.
No general right to pre-trial discovery
Parties submit evidence with their initial pleadings
Requests for additional evidence or inspection must be court-approved
Documentary evidence (contracts, receipts, emails)
Witness testimony (subject to cross-examination)
Expert evidence (valuations, forensic reports)
Physical evidence (site inspections, photographs)
Must be translated into Thai
Translations must be:
Certified by official translators, and
May require notarization or legalization for authenticity
No juries in Thai civil courts
Judges actively question witnesses and clarify facts
Opening statement (optional)
Plaintiff’s witnesses examined and cross-examined
Defendant’s witnesses
Closing statements
Submission of written summaries (in complex cases)
Court renders a written judgment
Decision includes findings of fact, legal reasoning, and relief
Issued within 30–90 days after final hearing
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.
Appeals may cover fact and law
Must be filed within 30 days of judgment
The court may stay enforcement pending appeal
Generally limited to questions of law
Requires court’s permission in some civil cases
Judgments are final and binding
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
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
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
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
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
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
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.