Litigation in Thailand. Thailand employs a three-tiered judicial system with specialized branches:
- Courts of First Instance
- Civil Courts
- Criminal Courts
- Provincial Courts
- Specialized Courts (Tax, Labor, IP, Bankruptcy)
- Appeal Courts
- Regional Courts of Appeal
- Specialized Appeal Divisions
- Supreme Court (San Dika)
- Final appellate authority
- Limited constitutional review (separate from Constitutional Court)
1.2 Quasi-Judicial Bodies
- Administrative Courts (for disputes involving government entities)
- Constitutional Court (constitutional challenges)
- Arbitration Institute (THAC) (alternative dispute resolution)
1.3 Judicial Appointment System
- Judges appointed by Judicial Commission
- Mandatory retirement at 70 years
- Lifetime tenure (removal only through impeachment)
2. Civil Litigation: Procedure & Tactical Considerations
2.1 Pre-Trial Phase
A. Jurisdictional Challenges
- Territorial Jurisdiction (Defendant’s domicile or location of dispute)
- Subject-Matter Jurisdiction (Case value thresholds: <THB 300K = Small Claims)
B. Pleadings & Documentation
- Statement of Claim must include:
- Factual basis
- Legal arguments
- Prayer for relief
- Statute of Limitations
- Contract disputes: 10 years
- Tort claims: 1-10 years (varies by claim type)
2.2 Trial Phase
A. Evidence Submission
- Documentary Evidence (certified translations required for foreign documents)
- Witness Testimony (cross-examination permitted)
- Expert Witnesses (court-appointed or party-retained)
B. Case Management
- Average duration: 2-5 years (first instance)
- Expedited procedures for commercial disputes
2.3 Post-Trial Phase
- Enforcement of Judgments
- Writs of execution
- Asset seizure orders
- Appeals Process
- Must be filed within 30 days
- No new evidence permitted at appellate level
3. Criminal Litigation: Key Differences & Strategic Defense
3.1 Prosecutorial System
- Public Prosecutors handle state cases
- Private criminal actions permitted for certain offenses
3.2 Defendant Rights
- Presumption of innocence (Constitution, Section 39)
- Right to bail (except for serious offenses)
- Right to counsel (state-appointed if indigent)
3.3 Notable Criminal Procedures
- Preliminary hearings to determine probable cause
- Plea bargaining (limited use in practice)
- Appeals automatically granted for sentences >5 years
4. Commercial & Business Litigation
4.1 Common Dispute Types
- Contract breaches
- Shareholder disputes
- Insolvency proceedings
4.2 Specialized Courts
- Intellectual Property & International Trade Court
- Central Bankruptcy Court
- Tax Court
4.3 Foreign Business Considerations
- Enforcement of foreign judgments (requires retrial unless bilateral treaty)
- Arbitration clauses (enforced under New York Convention)
5. Labor & Employment Disputes
5.1 Labor Court Procedures
- Mandatory conciliation before trial
- Fast-track resolution (typically <6 months)
5.2 Common Claims
- Wrongful termination
- Unpaid wages
- Discrimination cases
6. Alternative Dispute Resolution (ADR)
6.1 Arbitration
- THAC Rules (aligned with UNCITRAL Model Law)
- Enforceability of awards under Arbitration Act B.E. 2545
6.2 Mediation
- Court-annexed mediation programs
- Success rate: ~40% of referred cases
7. Enforcement of Judgments
7.1 Domestic Enforcement
- Writ of Execution (seizure of assets)
- Contempt sanctions for non-compliance
7.2 Cross-Border Enforcement
- Reciprocal treaties with select countries
- Practical challenges in asset recovery
8. Strategic Considerations for Litigants
8.1 Forum Selection
- Thai vs. International Courts
- Arbitration vs. Litigation
8.2 Evidence Gathering
- Document retention policies
- Witness preparation
8.3 Cost Management
- Attorney fee structures (hourly vs. contingency)
- Court fee waivers for low-value claims
9. Emerging Trends & Reforms
9.1 E-Court Initiatives
- Online filing systems (pilot phase)
- Digital evidence submission
9.2 Judicial Transparency Measures
- Publication of select judgments
- Anti-corruption protocols
9.3 Legislative Developments
- Proposed amendments to Civil Procedure Code
- Expanded ADR mandates
10. Conclusion: Navigating Thai Litigation Effectively
Thailand’s legal system presents unique procedural complexities requiring:
✔ Early case assessment
✔ Strategic forum selection
✔ Local counsel engagement
For foreign entities, arbitration clauses and preemptive compliance reviews remain critical risk-mitigation tools.
