Litigation in Thailand

Litigation in Thailand operates under a civil law system, characterized by detailed codification of legal principles, procedural formalism, and judge-led trials. There is no jury system, and decisions are made by professional judges based on written pleadings, documentary evidence, and oral testimony. Whether resolving commercial disputes, enforcing contracts, or addressing civil wrongs, litigation in Thailand is governed primarily by the Civil Procedure Code B.E. 2477 (1934) and its amendments.

This article provides a comprehensive and deeply detailed overview of civil litigation in Thailand, focusing on jurisdictional structure, procedural stages, evidence law, appeals, and enforcement mechanisms. It also addresses unique considerations for foreign litigants and the interplay between administrative and judicial forums.

1. Structure of the Thai Court System

1.1 Courts of First Instance

These are the trial-level courts. They include:

• Civil Courts – Handle general civil and commercial cases

• Provincial Courts – Deal with both civil and criminal matters in provinces

• Specialized Courts:

  • Central Intellectual Property and International Trade Court (IP&IT Court)

  • Central Bankruptcy Court

  • Central Tax Court

  • Labor Court

  • Juvenile and Family Court

1.2 Court of Appeal

• Reviews both factual and legal issues

• In civil cases, most judgments from courts of first instance can be appealed as of right

1.3 Supreme Court (Dika Court)

• Final court of appeal

• Hears only legal issues, unless there is a public interest or judicial conflict

• Appeal requires permission, except in certain cases involving value thresholds or important legal principles

2. Jurisdiction and Forum Rules

2.1 Subject Matter Jurisdiction

• Determined by the nature of the dispute:

  • Civil Court for breach of contract, torts, etc.

  • Specialized courts for IP, tax, labor, insolvency, etc.

2.2 Territorial Jurisdiction

• Generally lies where:

  • The defendant is domiciled

  • The cause of action arose (e.g., location of contract performance)

Parties may contractually agree on jurisdiction, but such agreements are only valid if not contrary to mandatory rules or public policy.

3. Commencement of Civil Litigation

3.1 Filing the Plaint

• Plaintiff files a written plaint (complaint) stating:

  • Identity of parties

  • Material facts

  • Legal claims

  • Relief sought

3.2 Filing Fees

• Calculated ad valorem (percentage of the claim amount)

• Generally 2% of the claimed value, capped for large claims

3.3 Service of Process

• Defendant must be served personally or via authorized agent

• For foreign defendants, service may require:

  • Letters rogatory

  • Consular channels

  • Ministry of Foreign Affairs intervention

4. Defendant’s Response

4.1 Statement of Defense

• Must be filed within 15 days of service (extendable by court approval)

• May include:

  • Denial of allegations

  • Affirmative defenses

  • Counterclaims

4.2 Preliminary Objections

• Jurisdictional objections

• Statute of limitations

• Procedural defects

5. Pre-Trial Procedure and Mediation

5.1 Case Management Hearing

• Court identifies disputed issues

• Encourages amicable settlement

• May refer parties to in-house mediation

5.2 Evidence Submission

• Evidence must be declared in advance

• Includes:

  • Witness lists

  • Documentary exhibits

  • Expert reports

  • Physical or demonstrative evidence

5.3 No General Discovery

• Thailand does not recognize common law discovery

• However, parties may request court orders to compel production of specific documents

6. Trial and Adjudication

6.1 Judge-Led Proceedings

• Judges play an active role in questioning witnesses

• No juries in Thai civil courts

6.2 Trial Sequence

1. Opening remarks (optional)

2. Plaintiff’s evidence: witness examination and document submission

3. Defendant’s evidence

4. Closing arguments (oral and/or written)

6.3 Burden of Proof

• Lies with the plaintiff to establish claims

• Defendant must prove affirmative defenses

6.4 Standard of Proof

• Civil cases: Preponderance of the evidence (more likely than not)

7. Judgment and Remedies

7.1 Issuance of Judgment

• Issued in writing, detailing:

  • Findings of fact

  • Legal analysis

  • Ordered remedies

• Delivered within 30–60 days of final hearing

7.2 Civil Remedies Available

• Compensatory damages

• Specific performance

• Injunctions

• Declaratory relief

• Interest on damages (usually at a statutory rate)

8. Appeals

8.1 Right to Appeal

• Most civil judgments are appealable to the Court of Appeal

• Time limit: 30 days from the date of judgment

8.2 Supreme Court Review

• Not automatic; requires permission in:

  • Low-value cases

  • Family law matters

• Appeals must raise important legal questions

9. Enforcement of Judgments

9.1 Domestic Judgments

Enforced through the Legal Execution Department (LED):

• Asset seizure and auction

• Bank account garnishment

• Wage garnishment

• Liens on immovable property

9.2 Foreign Judgments

• Not automatically enforceable

• Must be re-litigated in Thai court as a new case

• Thai court considers:

  • Finality of the foreign judgment

  • Public policy compatibility

  • Procedural fairness

A foreign judgment may serve as evidence of debt, but cannot be directly executed.

9.3 Arbitration Awards

• Thailand is a signatory to the New York Convention

• Foreign arbitral awards are enforceable under the Arbitration Act B.E. 2545 (2002)

• Recognition can be refused only on narrow grounds (e.g., public policy, due process failure)

10. Litigation Timelines and Costs

Unlike in some common law jurisdictions, attorney’s fees are rarely awarded, unless contractually stipulated or under exceptional statutes.

11. Special Considerations for Foreign Litigants

• Representation: Foreigners must be represented by a licensed Thai attorney

• Language: Court proceedings are in Thai; all documents must be translated and certified

• Security Bond: Foreign plaintiffs without Thai residence may be required to post a security bond under Section 143 of the Civil Procedure Code

• Power of Attorney: Must be notarized and legalized (or apostilled if from Hague Convention country)

12. Alternative Dispute Resolution

Although litigation is available, parties may consider:

• Court-annexed mediation (in most courts before trial)

• Private mediation

• Arbitration, especially for commercial contracts with arbitration clauses

Conclusion

Litigation in Thailand offers a structured and codified judicial mechanism to resolve disputes with judicial oversight and legal certainty. While the process is accessible and relatively affordable, it requires careful compliance with procedural rules, especially for foreign litigants unfamiliar with the civil law system.

Success in Thai litigation often depends on the quality of evidence, procedural discipline, and the ability to navigate language and documentation requirements. With proper legal representation and an understanding of the system’s structure, litigation can be an effective tool for enforcing rights and resolving disputes in Thailand’s jurisdiction.