Litigation in Thailand

Litigation in Thailand is governed by a codified legal system rooted in the Civil Law tradition, with distinct procedures for civil, criminal, and administrative cases. The legal process is characterized by judge-led adjudication, strict formalism, and heavy reliance on written documentation. While the judiciary is generally independent and competent, procedural inefficiencies, language barriers, and local legal customs require careful navigation—especially for foreign litigants.

This article offers a comprehensive overview of the litigation process in Thailand, analyzing jurisdictional rules, trial procedures, evidentiary burdens, appellate mechanisms, and enforcement dynamics.

1. Legal Framework and Court System

1.1 Principal Laws

Litigation in Thailand is primarily governed by:

• Civil Procedure Code (CPC) – for civil and commercial disputes

• Criminal Procedure Code (CrPC) – for criminal trials

• Act for Establishment of and Procedure for Administrative Courts B.E. 2542

• Court of Justice Act B.E. 2543 – organizing the judiciary

Additional procedural rules are issued as Supreme Court Regulations or Ministerial Notifications.

1.2 Court Hierarchy

Thailand’s court system consists of:

• Courts of First Instance: civil, criminal, provincial, and specialized courts (e.g., Intellectual Property, Labor, Tax, Bankruptcy)

• Court of Appeal (including the Court of Appeal for Specialized Cases)

• Supreme Court (Dika Court): final appellate court on civil and criminal matters

In addition, Administrative Courts and the Constitutional Court operate under separate regimes for public law and constitutional issues, respectively.

2. Jurisdiction and Venue

2.1 Personal and Subject-Matter Jurisdiction

The Civil Procedure Code establishes jurisdiction based on:

• Place of residence of the defendant

• Location of the cause of action (e.g., contract execution, tortious act)

• Subject matter: specialized courts have exclusive jurisdiction over labor, IP, bankruptcy, etc.

Foreign defendants can be sued in Thailand if the harm occurred in Thailand, or if the contract was executed or to be performed in Thailand.

2.2 Forum Selection and Arbitration Clauses

While forum selection clauses may be recognized, Thai courts assert jurisdiction where mandatory laws (e.g., real estate, public policy) are involved. Arbitration agreements may be enforced under the Arbitration Act B.E. 2545, but enforcement must be confirmed by Thai courts.

3. Initiation of Civil Litigation

3.1 Filing the Complaint

A civil case is initiated by filing a plaintiff’s complaint with the competent court, including:

• Jurisdictional basis

• Statement of facts and legal grounds

• Requested relief or damages

• Supporting documents and exhibits

The complaint must be in Thai language, and foreign documents must be translated and legalized if submitted as evidence.

3.2 Service of Process

Once accepted, the court issues summons to the defendant. Service may take place:

• Domestically, through court officers

• Abroad, via Letters Rogatory or Treaty channels

If service cannot be completed, the plaintiff may apply for publication notice, but this limits enforceability abroad.

4. Pre-Trial Proceedings

4.1 Preliminary Hearing

The court holds a preliminary hearing to:

• Verify jurisdiction

• Assess sufficiency of pleadings

• Identify preliminary issues or procedural objections

Defendants may raise defenses, counterclaims, or motions to dismiss. If jurisdiction or admissibility is challenged, the court must rule before trial proceeds.

4.2 Evidence Disclosure

Thailand does not have a discovery system akin to common law jurisdictions. Each party must present its own evidence, and there is no formal obligation to disclose adverse documents unless compelled by the court.

However, a party may request the court to order the production of specific documents under Section 92 of the CPC, provided relevance and necessity are shown.

5. Trial Stage

5.1 Language and Representation

Proceedings are conducted in Thai. All documents and witness testimony must be translated. Foreign parties must engage a Thai-licensed lawyer, as foreign lawyers may not appear in Thai courts.

5.2 Burden of Proof and Evidence

Civil plaintiffs bear the burden of proof for all material allegations. Evidence may include:

• Witness testimony

• Written contracts and correspondence

• Expert opinions

• Government records or business documents

Evidence is presented orally in hearings, but pre-filed written statements may supplement testimony.

The court plays an active role in questioning witnesses, and trials are conducted in multiple hearings over several months or years, depending on complexity.

5.3 Role of Judges

There is no jury system in Thailand. Judges are responsible for:

• Interpreting the law

• Fact-finding based on submitted evidence

• Questioning witnesses directly

• Delivering verdicts without advisory opinions

In civil matters, panels typically consist of one or two judges, increasing at the appellate and Supreme Court levels.

6. Judgment and Remedies

6.1 Court Decision

After all evidence is presented, the court issues a written judgment, summarizing facts, law, and reasoning. Judgments are typically issued within 30 to 90 days of the final hearing.

6.2 Types of Remedies

In civil litigation, courts may award:

• Compensatory damages

• Injunctive relief

• Specific performance

• Declaratory relief

• Restitution or rescission

Punitive damages are not generally awarded unless expressly authorized (e.g., in consumer protection law).

Interest on monetary judgments is typically set at 5% per annum, unless contractually specified or otherwise regulated.

7. Appeals and Supreme Court Review

7.1 Appeal Rights

Parties may appeal a civil judgment to the Court of Appeal on:

• Questions of law

• Significant factual errors

• Procedural irregularities

Appeals must be filed within one month of the judgment being served.

7.2 Supreme Court (Dika) Review

The Supreme Court reviews cases on points of law only, unless it grants leave to review factual issues due to public importance or conflicting lower court precedents.

The Dika Court’s ruling is final and binding.

8. Enforcement of Judgments

8.1 Execution Procedures

Once final, a judgment must be executed through court order, including:

• Seizure and auction of assets

• Garnishment of bank accounts or salary

• Injunctions or mandatory orders

The plaintiff must file a motion for execution, and enforcement is carried out by court bailiffs.

8.2 Recognition of Foreign Judgments

Thailand does not recognize or enforce foreign court judgments unless a treaty exists (which is rare). Parties must re-litigate the merits in Thai courts. However, foreign arbitral awards may be enforced under the New York Convention, subject to public policy review.

9. Criminal Litigation

Criminal cases are initiated by:

• The public prosecutor, after investigation by police

• A private complaint, if accepted by the court

Defendants have constitutional rights, including:

• Presumption of innocence

• Right to counsel

• Right to remain silent

• Right to appeal

The prosecution must prove guilt beyond a reasonable doubt, and penalties may include imprisonment, fines, or both. Corporations can be held criminally liable under specific statutes.

10. Litigation Risks and Strategic Considerations

• Delays: Civil litigation may take 2–5 years, depending on the court and complexity.

• Translation and language issues can impact evidence integrity.

• Thai judges are conservative and textual, favoring formal evidence over creative legal argument.

• Settlement may be encouraged during court-sponsored mediation, especially in family and commercial disputes.

• Foreign parties must plan for enforcement risks, especially if assets are located abroad.

Conclusion

Litigation in Thailand is a structured and judge-driven process, offering legal remedies consistent with civil law principles. While the courts are competent and increasingly professionalized, foreign litigants must adapt to formalistic procedures, language limitations, and limited discovery.

Strategic preparation, clear documentation, and engagement with experienced Thai counsel are essential to navigating Thailand’s litigation environment effectively. Enforcement of judgments, appeal rights, and procedural safeguards are robust but must be understood in the local legal and cultural context.