Litigation in Thailand

Litigation in Thailand. Thailand follows a civil law system, heavily influenced by German and French models. Its legal framework is codified into statutes, and judicial precedent is not binding, although Supreme Court decisions (known as Dika decisions) are considered persuasive.

Key features include:

• Inquisitorial elements: Judges take an active role in questioning and managing proceedings.

• Written pleadings and evidence submission: Testimony and documentary evidence are often required to be filed before trial.

• Limited discovery rights: Thai courts do not follow adversarial common-law discovery models.

• Strict formalism: Procedural precision is often valued over equity-based discretion.

II. Sources of Procedural Law

These are supplemented by ministerial regulations, Supreme Court practice directions, and court administrative orders.

III. Court Structure and Jurisdiction

A. General Courts

1. Courts of First Instance

   • Provincial Courts (civil, criminal, and family divisions)

   • Municipal Courts (small claims, minor offenses)

   • Central Courts in Bangkok: Civil Court, Criminal Court, Intellectual Property and International Trade Court, etc.

2. Courts of Appeal

   • Regional Courts of Appeal

   • Court of Appeal for Specialized Cases

3. Supreme Court (Dika Court)

   • Highest appellate court; focuses on legal issues, not factual review

   • Divided into specialized chambers (e.g., tax, commercial, labor)

B. Administrative and Other Specialized Courts

• Administrative Court: Judicial review of executive actions, regulatory decisions, and official misconduct

• Constitutional Court: Constitutional interpretation and political matters

• Bankruptcy Court: Corporate insolvency, liquidation, and rehabilitation

• Labor Court: Employment disputes and unfair dismissal claims

• Tax Court: Revenue Code and tax assessment litigation

• IP & International Trade Court: IP rights, foreign arbitration enforcement, customs disputes

IV. Commencing Civil Proceedings

A. Filing of a Complaint

• Action begins with submission of a plaint (ฟ้องคดีแพ่ง) to the court of jurisdiction.

• Complaint must specify parties, cause of action, claim value, and relief sought.

• Statutory limitation periods vary depending on the claim (e.g., 10 years for contract, 1 year for tort).

B. Service of Process

• Managed by court bailiffs.

• Must be served personally or via valid substitute service.

• Foreign litigants must appoint a local representative or legal address in Thailand.

V. Procedural Steps in Civil Trials

VI. Evidence and Burden of Proof

• Burden of proof lies with the party asserting the fact (onus probandi).

• Documents must be originals or certified copies, translated into Thai, and notarized if foreign.

• Witness affidavits are required for trial and must conform to rules of evidence.

• Courts may reject irrelevant or inadmissible evidence at their discretion.

Under Section 84 of the Evidence Act:

“The party who relies on any fact shall bear the burden of proving such fact.”

VII. Appeals and Judicial Review

Deadlines for appeal:

• 30 days from date of judgment (civil/criminal), extendable under narrow grounds

• Appeals must be written, referencing legal errors or misapplication of facts

VIII. Enforcement of Judgments

A. Civil Enforcement

• Enforced via the Legal Execution Department (LED)

• Tools include:

  • Seizure and auction of debtor’s assets

  • Garnishment of wages or bank accounts

  • Registration of liens on real property

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

B. Foreign Judgments

• Thailand does not recognize or enforce foreign court judgments directly

• A new lawsuit must be filed in Thai court, and the foreign judgment may be used as persuasive evidence

• Foreign arbitral awards may be enforced through the IP & IT Court, if they meet requirements under the New York Convention

IX. Criminal Litigation Process

Private criminal prosecution is allowed under Section 28 of the Criminal Procedure Code, particularly in fraud or defamation cases. The accused has rights to counsel, presumption of innocence, and bail, but pre-trial detention is common in serious matters.

X. Special Issues in Foreign Litigation

A. Language and Interpretation

• All proceedings are conducted in Thai.

• Foreign documents must be translated and certified.

• The court will appoint interpreters where necessary, but they may lack legal training.

B. Foreign Law and Jurisdiction

• Foreign law must be proved as fact, typically through expert affidavit or testimony.

• Choice of law and forum clauses are respected, but only to the extent they do not violate Thai public policy.

XI. Time and Cost Considerations

• Typical civil trials (first instance) last 1–2 years.

• Appellate process may add 1–3 years, depending on complexity.

• Court fees: 2% of claim amount (capped at THB 200,000), plus document and service charges.

• Attorney fees are not recoverable unless expressly agreed by the parties.

XII. Conclusion

Litigation in Thailand is a procedurally formalistic, document-intensive, and judge-driven process. It offers a relatively transparent system but one that demands close attention to timelines, form, and evidentiary preparation. Foreign parties face additional burdens of language, procedural unfamiliarity, and limited ability to compel discovery.

Before initiating litigation in Thailand, parties should:

• Rigorously assess jurisdiction and applicable law

• Evaluate enforceability of any resulting judgment or award

• Retain experienced Thai counsel familiar with court culture and administrative practice

• Prepare for lengthy proceedings with limited pre-trial resolution tools