Litigation in Thailand

Litigation in Thailand is governed by a civil law system that differs in important ways from common law jurisdictions. Court procedures, the role of judges, evidentiary rules, and enforcement mechanisms follow codified statutes rather than case-driven precedent. For individuals and businesses—particularly foreign parties—understanding how litigation works in Thailand is essential for managing risk, resolving disputes effectively, and making informed strategic decisions.

This article provides an in-depth overview of litigation in Thailand, covering the court structure, procedural stages, types of cases, evidence rules, timelines, costs, enforcement, and practical considerations.

1. Legal system and governing laws

Thailand follows a civil law system, heavily influenced by European legal traditions. The primary procedural laws governing litigation include:

• The Civil Procedure Code (civil and commercial disputes)

• The Criminal Procedure Code (criminal cases)

• The Civil and Commercial Code (substantive private law)

• Specialized procedural statutes for certain courts

Judges play an active role in managing cases, examining evidence, and questioning witnesses, unlike the adversarial model common in common law countries.

2. Structure of the Thai court system

The Thai judiciary is structured into several levels:

1. Courts of First Instance
   These include civil courts, criminal courts, and specialized courts such as the Intellectual Property and International Trade Court, Labor Court, Tax Court, and Bankruptcy Court.

2. Courts of Appeal
   Appeals from first-instance courts are reviewed on both factual and legal issues, subject to procedural limits.

3. Supreme Court (Dika Court)
   The Supreme Court primarily reviews legal questions and ensures consistent interpretation of the law nationwide.

Specialized courts play a significant role in commercial and business-related litigation.

3. Types of litigation in Thailand

Common litigation categories include:

• Civil and commercial disputes

• Contract and debt enforcement cases

• Property and real estate disputes

• Family law cases

• Labor disputes

• Intellectual property and trade disputes

• Bankruptcy and restructuring proceedings

• Criminal cases involving private complainants

Each category may follow tailored procedural rules depending on the court.

4. Jurisdiction and venue

Jurisdiction in Thailand is determined by:

• The defendant’s domicile or place of business

• The location where the cause of action arose

• Contractual jurisdiction clauses (subject to court acceptance)

Improper venue can lead to dismissal or transfer, making jurisdictional analysis a critical early step.

5. Commencing a lawsuit

Litigation begins with the filing of a plaint (complaint) at the appropriate court. The plaint must:

• Clearly state the facts

• Identify the legal basis of the claim

• Specify the relief sought

Thai courts require precision and clarity. Vague or speculative claims may be rejected or dismissed early.

6. Service of process

Once a case is accepted, the court issues summonses for service on the defendant. Service is typically carried out by court officers. For foreign defendants, service may involve:

• International treaties

• Diplomatic channels

• Extended timelines

Improper service can delay proceedings significantly.

7. Pleadings and preliminary hearings

The defendant must file a statement of defense within a prescribed timeframe. Courts often conduct preliminary hearings to:

• Clarify issues in dispute

• Determine admissibility of evidence

• Encourage settlement where appropriate

Judges actively manage the pace and scope of the case.

8. Evidence in Thai litigation

Evidence in Thai courts includes:

• Documentary evidence

• Witness testimony

• Expert opinions

• Physical evidence

Documentary evidence is particularly important. Documents in foreign languages must be translated into Thai, and courts often give greater weight to written evidence than oral testimony.

9. Witness examination

Witnesses are examined directly by the court, with lawyers permitted to ask questions under judicial supervision. Cross-examination exists but is more restrained than in common law systems. Judges may intervene frequently to clarify facts.

10. Burden and standard of proof

• Civil cases: Balance of probabilities

• Criminal cases: Proof beyond reasonable doubt

The party asserting a claim generally bears the burden of proof.

11. Role of judges

Thai judges:

• Control the proceedings

• Question witnesses directly

• Assess credibility and relevance of evidence

• Issue written judgments with legal reasoning

Juries do not exist in Thailand.

12. Timelines and duration

Litigation timelines vary widely depending on:

• Case complexity

• Court workload

• Number of witnesses

• Appeals

Simple civil cases may conclude within one to two years, while complex commercial disputes can take significantly longer, especially if appealed.

13. Appeals process

Parties generally have the right to appeal:

• Factual findings (with limitations)

• Legal interpretations

Appeals must meet strict procedural requirements. The Supreme Court often limits appeals to questions of law to prevent excessive delays.

14. Court fees and legal costs

Court fees are calculated based on:

• The monetary value of the claim

• Statutory fee schedules

Legal fees are typically agreed privately between lawyer and client. Courts may award limited costs to the prevailing party, but full recovery of legal fees is uncommon.

15. Interim measures and injunctions

Courts may grant interim relief such as:

• Injunctions

• Asset freezing orders

• Provisional remedies to preserve evidence

Applicants must demonstrate urgency and potential irreparable harm.

16. Settlement and mediation

Thai courts actively encourage settlement. Many courts require mediation sessions before proceeding to trial. Settlements approved by the court become enforceable judgments.

17. Enforcement of judgments

A favorable judgment does not guarantee immediate recovery. Enforcement may involve:

• Asset seizure

• Garnishment of income

• Forced sale of property

Enforcement proceedings are separate and may be time-consuming.

18. Foreign judgments and arbitration awards

Thailand does not generally enforce foreign court judgments directly. New proceedings may be required. In contrast, foreign arbitral awards may be enforced under international conventions, subject to court review.

19. Litigation involving foreign parties

Foreign litigants face additional challenges, including:

• Language barriers

• Translation requirements

• Security for costs in some cases

• Immigration considerations for witnesses

Local legal representation is essential.

20. Strategic considerations

Litigation in Thailand is best approached with:

• Strong documentary preparation

• Realistic timeline expectations

• Consideration of settlement options

• Awareness of enforcement realities

Early legal advice can significantly influence outcomes.

Conclusion

Litigation in Thailand is a structured, judge-driven process rooted in codified law and formal procedure. While the system provides clear mechanisms for resolving disputes, it requires careful preparation, patience, and strategic planning. Understanding court structure, evidentiary expectations, and enforcement challenges is essential for anyone considering legal action in Thailand. With proper legal guidance and realistic expectations, litigation can be an effective tool for protecting rights and resolving disputes within the Thai legal framework.