Litigation in Thailand

Litigation in Thailand follows a civil law system rooted in codified statutes and judicial procedure, with the Civil Procedure Code, Criminal Procedure Code, and specialized acts governing the conduct of lawsuits in Thai courts. The judiciary is independent but hierarchically structured, with clearly defined trial and appellate mechanisms.

Both Thai nationals and foreign individuals or entities have the legal right to file or defend cases in Thai courts, though proceedings are conducted exclusively in the Thai language, and foreign parties must act through licensed Thai attorneys. Litigation in Thailand may involve civil, criminal, administrative, or specialized courts, depending on the subject matter and parties involved.

This article provides a comprehensive and legally detailed guide to the litigation process in Thailand, including court structure, stages of trial, evidentiary rules, enforceability of judgments, and special considerations for foreign litigants.

1. Legal Framework Governing Litigation in Thailand

1.1 Primary Statutes

• Civil and Commercial Code (substantive obligations)

• Civil Procedure Code

• Criminal Procedure Code

• Administrative Procedure Act

• Court of Justice Act B.E. 2543

• Act on Establishment of Specialized Courts (e.g., IP, Tax, Labor)

1.2 Judicial System Overview

• Administered under the authority of the Judicial Commission and Courts of Justice

• Judges are career civil servants, not elected or political appointments

2. Court System and Jurisdiction

2.1 Ordinary Courts (Courts of Justice)

• Court of First Instance: Civil, criminal, provincial, and municipal courts

• Court of Appeal

• Supreme Court (Dika Court)

2.2 Specialized Courts

• Central Intellectual Property and International Trade Court

• Central Bankruptcy Court

• Central Tax Court

• Labor Court

• Juvenile and Family Court

Each has its own rules of procedure and statutory jurisdiction.

2.3 Administrative Courts

• For lawsuits against government agencies or officials

• Governed by the Administrative Court Procedure Act

• Includes:

  • Administrative Court of First Instance

  • Supreme Administrative Court

3. Types of Litigation in Thailand

3.1 Civil Litigation

Involves disputes between private parties:

• Contract breaches

• Property or real estate disputes

• Tort liability

• Commercial disagreements

• Unjust enrichment or restitution

3.2 Criminal Litigation

Filed by public prosecutors or private complainants (in limited cases), includes:

• Fraud, embezzlement, and misappropriation

• Defamation (criminal in Thailand)

• Assault and theft

• Cybercrime or digital offenses

3.3 Administrative Litigation

Brought against:

• Wrongful government acts (e.g., illegal permit revocation)

• Abuse of regulatory power

• Procurement disputes

4. Civil Litigation Process: Step-by-Step

4.1 Step 1: Filing the Complaint

• Filed at the appropriate court of first instance

• Must be in Thai language

• Must include:

  • Plaintiff and defendant identification

  • Jurisdictional basis

  • Statement of claim (facts and legal grounds)

  • Relief sought (e.g., damages, performance)

Foreign documents (e.g., contracts, ID) must be translated and notarized.

4.2 Step 2: Service of Process

• Court issues summons to the defendant

• Must be served by court officer or appointed bailiff

• If the defendant is outside Thailand, service must follow Ministry of Foreign Affairs diplomatic procedures

4.3 Step 3: Preliminary Hearing / Mediation

• Thai courts often encourage mediation before trial

• If unsuccessful, the case proceeds to a preliminary examination

• Court may dismiss case if no prima facie claim exists

4.4 Step 4: Trial

• Witnesses and experts present oral testimony

• Written evidence submitted and cross-examined

• Proceedings are conducted in Thai only

• No jury system—judge decides both fact and law

4.5 Step 5: Judgment and Appeals

• Trial court renders written judgment

• Either party may appeal:

  • To the Court of Appeal (as of right)

  • To the Supreme Court (on issues of law only)

Civil appeals must generally be filed within 30 days of the lower court’s ruling.

5. Evidentiary Standards

• Thailand follows a civil law approach to evidence

• Evidence may be:

  • Documentary

  • Witness statements

  • Expert opinions

  • Physical objects

Evidence must be relevant, admissible, and lawfully obtained. Illegally acquired evidence may be excluded.

Burden of proof:

• Civil cases: Preponderance of evidence

• Criminal cases: Beyond a reasonable doubt

6. Enforcement of Judgments

6.1 Civil Judgments

• Enforced through execution process:

  • Court order to seize and auction assets

  • Garnishment of bank accounts or wages

• Must obtain a writ of execution within 10 years of judgment

6.2 Foreign Judgments

• Thailand does not enforce foreign court judgments automatically

• Must re-litigate the matter in Thai courts under Thai law

• Foreign arbitral awards, however, may be enforced under the New York Convention (Thailand is a party)

7. Costs and Duration

8. Special Considerations for Foreign Litigants

• Foreigners can sue or be sued in Thai courts

• Must appoint a Thai lawyer (non-Thais may not represent parties in court)

• Documents must be translated into Thai and often notarized

• If absent, must grant a power of attorney

• Court may require a security bond if the foreigner is plaintiff (especially if domiciled abroad)

9. Alternative Dispute Resolution (ADR)

9.1 Mediation

• Frequently encouraged at trial court level

• Courts may refer cases to court-annexed mediators

9.2 Arbitration

• Enforceable under the Arbitration Act B.E. 2545 (2002)

• Thailand recognizes domestic and international arbitration

• Arbitral awards enforceable under the New York Convention (for contracting states)

• Arbitration centers include:

  • Thailand Arbitration Center (THAC)

  • Office of the Arbitration Tribunal at Thai Chamber of Commerce

10. Limitations Periods (Prescription)

Conclusion

Litigation in Thailand is structured, codified, and largely accessible to both Thai and foreign litigants, provided that local procedural rules, language requirements, and legal formalities are respected. While court processes are slower than in some jurisdictions, the Thai judiciary offers a reliable forum for the resolution of disputes through fair trial procedures, evidentiary rigor, and appeals pathways.

However, litigation can be time-consuming, document-intensive, and procedurally complex, especially for foreign parties. It is highly advisable to engage an experienced Thai litigation attorney, ensure all documentation is properly translated and certified, and evaluate alternative dispute resolution options where appropriate.