Litigation in Thailand

Litigation in Thailand follows a civil law system rooted in codified statutes rather than precedent. The judicial process is primarily governed by the Civil Procedure Code B.E. 2477 (1934) and related statutes. Civil and commercial disputes in Thailand are heard by courts of first instance, with structured appellate and supreme court review.

Whether involving breach of contract, debt collection, real estate disputes, torts, or corporate shareholder actions, navigating litigation in Thailand requires an understanding of its procedural mechanisms, jurisdictional rules, evidentiary standards, and court enforcement methods. This article provides a detailed legal analysis of litigation in Thailand, from filing to enforcement, including foreign judgment recognition, trial mechanics, and strategic considerations.

1. Structure of the Thai Court System

1.1 Court Hierarchy

Thailand’s judiciary is composed of three levels:

• Courts of First Instance

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

  • Specialized Courts (e.g., IP & IT Court, Labour Court, Tax Court)

  • Central Bankruptcy Court

• Courts of Appeal

  • General Appeals Court

  • Regional Appeals Court

• Supreme Court (Dika Court)

1.2 Specialized Courts

Certain types of civil litigation must be filed in specialized courts with subject-matter jurisdiction:

• Intellectual Property and International Trade Court (IPIT)

• Labour Court

• Central Tax Court

• Central Bankruptcy Court

• Juvenile and Family Court

Each follows modified procedural rules, including stricter filing requirements, expert witness systems, and accelerated timeframes.

2. Commencement of Civil Litigation

2.1 Filing a Complaint (Plaint)

The lawsuit begins when the plaintiff files a plaint (คำฟ้อง) with the court that has both:

• Subject-matter jurisdiction, and

• Territorial jurisdiction (usually the defendant’s domicile or the place where the cause of action occurred)

The plaint must include:

• Names and addresses of parties

• Statement of facts and legal grounds

• Relief sought (damages, specific performance, injunctions)

• Relevant evidence (documentary and witness lists)

2.2 Filing Fees

Civil filing fees are based on the value of the claim, with capped maximums. For example:

• 2% of claimed amount, up to THB 200,000

• Government fee waivers may apply in consumer or labor cases

3. Service of Process and Defendant’s Response

• The court clerk arranges for personal service of the plaint and summons via court officers.

• Defendants must file an answer (คำให้การ) within 15 days of service (extendable).

• Counterclaims may be filed simultaneously.

• Failure to appear or answer can result in a default judgment.

4. Pre-Trial Proceedings and Evidence Management

4.1 Preliminary Hearings

• The court may conduct a mediation session, mandatory in many courts, especially in Bangkok.

• If no settlement is reached, the court schedules a preliminary hearing to set trial issues.

4.2 Evidence Exchange

Thailand does not follow a common law-style discovery process. Instead:

• Parties must submit all intended evidence in advance, including:

  • Witness names and expected testimony

  • Documents (contracts, emails, photos, etc.)

• The court exercises strict control over admissibility and scope.

5. Trial Proceedings

5.1 Structure

• Civil trials are bench trials (no jury).

• Judges actively question witnesses and examine evidence.

• Witness examination follows:

  • Direct examination

  • Cross-examination

  • Re-examination

5.2 Interpreters

Foreign-language documents and testimony require certified Thai translations, and interpreters must be court-approved.

5.3 Timeframe

• Average civil cases take 8–18 months in courts of first instance.

• Complex cases (IP, corporate, international) may take longer.

• Judgments are typically delivered within 30 days of trial completion.

6. Judgment and Appeals

6.1 Judgment

• The court issues a written judgment, outlining factual findings and legal reasoning.

• Judgments are binding immediately, but not final until appeals are exhausted or waived.

6.2 Appeals

• Appeals from courts of first instance must be filed within 1 month (30 days) from judgment receipt.

• The Court of Appeal reviews both facts and law, while the Supreme Court only reviews points of law (unless it is a special case).

• The appeal process can take 1–3 years depending on the complexity and court backlog.

7. Enforcement of Judgments

7.1 Execution Process

• After the judgment is final, the winning party applies for execution via the Legal Execution Department (LED).

• The court issues an execution writ (คำบังคับ), permitting seizure and sale of the debtor’s assets.

• This may include:

  • Bank account garnishment

  • Property auctions

  • Salary attachment

7.2 Limitation Period

• Execution must be initiated within 10 years from the date of final judgment.

8. Injunctions and Interim Relief

Thai courts may grant provisional measures such as:

• Injunctions (temporary restraining orders)

• Asset freezing orders

• Seizure of goods or property

• Preservation of evidence

To succeed, the applicant must show:

• Urgency and irreparable harm

• Prima facie case on the merits

• No adequate remedy at law

Courts may require security deposits to protect the opposing party from wrongful injunctions.

9. Recognition and Enforcement of Foreign Judgments

9.1 No Automatic Recognition

Thailand does not recognize foreign judgments automatically. A foreign judgment must be:

• Re-litigated in a Thai court as evidentiary proof of obligation (not enforcement per se)

• Used to support a new Thai civil case for the same claim

Thailand is not party to any bilateral enforcement treaties for civil judgments (excluding arbitration).

9.2 Recognition of Arbitral Awards

In contrast, foreign arbitral awards are enforceable in Thailand under the New York Convention, to which Thailand is a signatory.

10. Foreign Plaintiffs and Access to Thai Courts

Foreign nationals and companies may sue and be sued in Thai courts under the same procedures as Thai entities. However:

• Non-residents may be required to appoint a local attorney.

• Courts may require a security bond if the plaintiff is foreign and not domiciled in Thailand (Section 143 Civil Procedure Code).

Legal representation must be provided by a licensed Thai attorney, as foreign lawyers may not appear in Thai court.

11. Costs, Legal Fees, and Court Behavior

11.1 Attorney Fees

Legal fees are not recoverable unless explicitly agreed or awarded by the court. In most civil litigation:

• Each party bears their own legal costs.

• Court fees may be partially reimbursed at the court’s discretion.

11.2 Court Culture

• Judges are deferential to the written law, not precedent.

• Proceedings are formal but flexible, with strong emphasis on written submissions and concise oral advocacy.

• Personal appearance of parties may be required for key procedural stages.

Conclusion

Litigation in Thailand is structured, codified, and judge-led, with detailed procedures governing jurisdiction, filing, evidence, and appeals. While it lacks the discovery-rich process of common law systems, it compensates with active judicial involvement, specialized courts, and a strong legal culture of documentary precision.

Foreign parties considering or facing litigation in Thailand must engage licensed Thai legal counsel, understand the limits of enforcement of foreign judgments, and prepare for a procedurally rigid but equitable system that prioritizes legal form over adversarial confrontation.