Litigation in Thailand follows a civil law system, meaning legal disputes are resolved through written laws and judicial decisions, rather than precedents. The Thai legal system is structured, procedural, and hierarchical, with different courts handling various types of cases.
This article provides an in-depth exploration of litigation in Thailand, including key legal procedures, court structures, dispute resolution options, and strategic considerations for both plaintiffs and defendants.
The Thai court system is divided into three main levels:
This is where all cases originate. It includes:
Civil Courts – Handle civil disputes, including contract breaches and property conflicts.
Criminal Courts – Deal with criminal offenses such as fraud, defamation, and assault.
Administrative Courts – Resolve disputes between individuals and the government (e.g., immigration or tax cases).
Labor Courts – Specialize in employment disputes, including wrongful termination and labor rights issues.
Intellectual Property and International Trade Court (IP&IT Court) – Handles patent, trademark, and cross-border trade disputes.
If a party disagrees with the judgment from the Court of First Instance, they can appeal the decision. The Court of Appeal reviews both legal and factual aspects of the case.
This is the highest court in Thailand, which only hears cases of significant legal importance or where there is a need for a legal precedent. Its decisions are final and binding.
Legal proceedings in Thailand follow a structured process, which can be broken down into the following key stages:
A lawsuit is initiated by the plaintiff, who must:
✔ Submit a complaint (plaint) to the court, outlining the allegations and demands.
✔ Pay court filing fees, which are usually a percentage of the claim amount.
✔ Ensure proper jurisdiction, meaning the lawsuit is filed in the appropriate court.
The court will then issue a summons to the defendant, who must respond within 15 to 30 days (depending on the case type).
Before a case goes to trial, the court may order:
✔ Mediation – Courts often encourage alternative dispute resolution (ADR) to reduce caseloads.
✔ Evidence submission – Both parties must submit documents, witness lists, and legal arguments.
✔ Preliminary hearings – The court may hold hearings to determine jurisdiction, case validity, or procedural issues.
During the trial:
✔ The plaintiff presents evidence first, followed by the defendant.
✔ Witnesses and experts testify under oath.
✔ Lawyers present legal arguments and cross-examine witnesses.
✔ The judge may request additional evidence or clarification.
Unlike in common law systems, there is no jury system in Thailand. Instead, judges make all rulings based on written evidence and oral testimony.
After the trial, the judge will issue a judgment, which may include:
Monetary compensation
Injunctions (court orders preventing certain actions)
Dismissal of claims
If either party is dissatisfied, they can appeal within one month. If the appeal reaches the Supreme Court, it could take years for a final ruling.
Litigation in Thailand is often time-consuming and complex. Here are some common challenges:
Cases in Thai courts can take months or years to resolve, depending on complexity.
Delays are common, particularly in civil and commercial cases.
Court proceedings and documents are in Thai.
Foreign plaintiffs must hire certified translators and lawyers fluent in Thai.
Thailand does not automatically recognize foreign court rulings.
Foreign judgments must be re-litigated in Thai courts, making enforcement difficult.
While court fees are reasonable, legal representation, expert witnesses, and translations can be expensive.
Losing parties are often ordered to pay court costs and legal fees.
Due to the complexity and cost of litigation, Thailand encourages alternative dispute resolution (ADR), such as:
✔ Mediation – Courts frequently recommend mediation to settle disputes without a trial.
✔ Arbitration – Often used in commercial contracts and international disputes. The Thai Arbitration Institute (TAI) oversees arbitration proceedings.
✔ Conciliation – Similar to mediation, but with a more structured negotiation process.
ADR can significantly reduce legal costs and time, making it a preferred option for businesses and foreign investors.
| Aspect | Civil Litigation | Criminal Litigation |
|---|---|---|
| Plaintiff | Individual or business suing for damages | The state (public prosecutor) |
| Burden of Proof | Plaintiff must prove the case on a balance of probabilities | Prosecution must prove guilt beyond a reasonable doubt |
| Penalties | Compensation, injunctions | Fines, imprisonment, criminal record |
| Trial Length | Can take months or years | Often faster, but complex cases take years |
Foreigners engaged in Thai litigation should take the following into account:
✔ Legal Representation is Mandatory – Foreigners cannot represent themselves in Thai courts and must hire licensed Thai attorneys.
✔ Visa Implications – Ongoing litigation may affect visa status, especially in labor or criminal cases.
✔ Enforcement of Court Orders – Foreign plaintiffs should ensure Thai courts can enforce any awarded damages or penalties.
✔ Attempt Negotiation First – Litigation should be a last resort after mediation or arbitration.
✔ Engage a Competent Thai Lawyer – Local expertise is critical in understanding procedural rules.
✔ Prepare for Lengthy Delays – Patience is necessary, as Thai courts can take years to resolve disputes.
✔ Ensure Proper Documentation – All contracts, agreements, and financial records should be well-documented to strengthen a case.
✔ Understand Costs – Besides legal fees, costs may include translation, expert witness fees, and court costs.
Litigation in Thailand is structured yet time-consuming, requiring careful planning, legal expertise, and strategic decision-making. For many disputes, alternative resolution methods such as arbitration or mediation may be more effective and cost-efficient.
However, when legal action is necessary, understanding Thai court procedures, securing strong legal representation, and preparing for a lengthy process can significantly improve the chances of success.