Litigation in Thailand

Litigation in Thailand is governed by a codified civil law system rooted in statutory authority rather than judicial precedent. The litigation process emphasizes judicial management, structured pleadings, and procedural rigor. Foreign and domestic parties engaging in legal disputes in Thailand must understand the mechanics of the Thai court system, including jurisdictional rules, trial procedure, evidentiary burdens, and the limited scope of discovery.

This article provides a comprehensive overview of litigation in Thailand, tailored for legal practitioners, multinational companies, and compliance officers managing disputes within the Thai legal system.

I. Legal Framework and Governing Law

Litigation in Thailand is primarily governed by the following statutes:

Civil Procedure Code B.E. 2477 (1934) – applicable to civil and commercial disputes
Criminal Procedure Code B.E. 2477 (1934) – for criminal proceedings
Act Establishing the Court of Justice B.E. 2543 (2000) – defines court jurisdiction and structure
Administrative Procedure Act B.E. 2539 (1996) – for disputes involving state agencies
Arbitration Act B.E. 2545 (2002) – where arbitration agreements apply

Although Thailand recognizes legal doctrines such as res judicata, it does not follow stare decisis. Judicial decisions of higher courts are persuasive but not binding, except in rare cases such as Supreme Court guidelines.

II. Structure of the Thai Court System

1. Courts of First Instance

Provincial Courts: General jurisdiction over civil and criminal matters
District (Kwaeng) Courts: Handle small claims and minor criminal offenses
Specialized Courts:
- Central Intellectual Property and International Trade Court (IP&IT Court)
- Central Labour Court
- Central Bankruptcy Court
- Central Tax Court
- Juvenile and Family Court

Each specialized court operates under its own procedural rules while adhering to general principles of civil litigation.

2. Court of Appeal

Handles appeals on both legal and factual issues from the Courts of First Instance
May affirm, reverse, or remand the lower court’s ruling

3. Supreme Court (Dika Court)

Hears cases that raise significant legal issues or matters of national importance
Generally limited to questions of law
Serves as the final court of appeal

III. Jurisdictional Rules

Jurisdiction is determined based on:

Subject matter (e.g., intellectual property disputes go to IP&IT Court)
Geographic location of the cause of action or defendant’s residence
Value of the claim (district vs. provincial court)
Nationality or status of the parties (e.g., foreign party involvement)

A court must have both subject matter and territorial jurisdiction to hear a case. Thai courts generally accept jurisdiction if at least part of the cause of action arose within Thailand.

IV. Litigation Process: Stages and Timelines

1. Filing of the Complaint

A civil action begins with the filing of a plaint (complaint) and payment of court fees, which are calculated as a percentage of the claim value (usually 2% capped at THB 200,000).

The plaint must include:

Identity of parties
Factual allegations
Legal basis for the claim
Specific relief sought

2. Summons and Answer

Once accepted, the court issues a summons to the defendant, who must file a written answer within 15 days of receipt. Failure to respond may lead to default judgment.

3. Preliminary Hearings

The court may conduct preliminary hearings to:

Clarify disputed issues
Encourage settlement or compromise
Determine admissibility of documents and witnesses
Set trial dates

Judges have significant discretion in shaping the course of litigation at this stage.

4. Trial Proceedings

Unlike common law systems, litigation in Thailand is largely document-based. Trials include:

Presentation of written evidence
Direct and cross-examination of witnesses
Testimony of experts (if applicable)

The judge actively questions witnesses and may reject irrelevant or repetitive testimony. There is no jury system.

V. Evidence and Burden of Proof

Evidence must be:

Relevant to the facts in issue
Material to the resolution of the claim
Legally admissible under Thai rules

Types of evidence include:

Documentary evidence: Contracts, invoices, official records
Oral testimony: From parties or third-party witnesses
Expert evidence: Technical, financial, or legal expertise
Real evidence: Physical items, photographs, site inspections

The burden of proof lies with the plaintiff to establish the case by a preponderance of evidence. In some cases, such as defamation or tort, the burden may partially shift to the defendant after the plaintiff establishes a prima facie case.

VI. Discovery and Disclosure

Thailand does not recognize American-style discovery. Each party must submit its own evidence, and there is no general right to compel disclosure from the opposing party.

However, a party may petition the court to issue an evidentiary order (e.g., to summon documents held by a third party), though such requests are granted narrowly.

VII. Remedies and Enforcement

A. Types of Civil Remedies

Monetary damages
Specific performance
Declaratory judgment
Injunctive relief
Restitution or rescission of contract

Damages are generally compensatory, and punitive damages are not recognized unless expressly allowed by statute.

B. Enforcement of Judgments

Once a judgment becomes final (either by expiration of the appeal period or Supreme Court confirmation), the prevailing party must:

File a petition for execution
Identify the debtor’s assets (real property, bank accounts, vehicles)
Obtain a writ of execution from the court
Enforce through court-appointed officers

Thailand has no centralized asset registry, making enforcement difficult without prior due diligence.

VIII. Appeals and Revisions

A. Appeal Process

Court of Appeal: Can review factual and legal issues
Supreme Court: Focused solely on legal interpretations

Notice of appeal must be filed within 30 days of the lower court’s decision. In criminal and certain civil matters, the Supreme Court may reject appeals that do not present substantial legal questions.

B. Reopening Final Judgments

Limited grounds exist to reopen a case after final judgment, such as:

Fraud or perjury
Discovery of new evidence
Jurisdictional error

IX. Costs, Delays, and Strategic Issues

A. Litigation Costs

Court fees: Proportional to claim value
Attorney’s fees: Usually not recoverable, unless contractually agreed
Expert and translation costs: Particularly in cross-border cases

B. Timeframe

Civil litigation in Thailand typically spans:

6 to 18 months at first instance
12 to 24 months on appeal
Longer for complex or high-value disputes

C. Strategic Considerations

Pre-litigation settlement is encouraged by courts and parties
Foreign parties should engage Thai-licensed counsel, as only Thai nationals may represent clients in court
Language barriers require certified translations of all foreign documents
Foreign judgments are not enforceable in Thailand unless retried under Thai law

X. Alternative Dispute Resolution

Thailand promotes mediation and arbitration as alternatives to court litigation. Courts often encourage settlement at preliminary hearings. The Arbitration Act B.E. 2545 (2002) governs domestic and international arbitration and allows for the enforcement of foreign arbitral awards under the New York Convention, to which Thailand is a signatory.

Conclusion

Litigation in Thailand is a highly formalized process, governed by procedural statutes and judicial discretion rather than common law adversarial traditions. Understanding the structure of the courts, evidence rules, and local practice is essential for parties seeking to resolve disputes efficiently.

Foreign litigants and multinational entities must be especially mindful of jurisdictional nuances, the absence of discovery rights, and enforcement challenges. Professional legal representation by a Thai-licensed attorney is not only advisable—it is legally required for court appearances.