Litigation in Thailand is governed by a civil law system heavily influenced by continental European legal traditions, especially German and French law. It emphasizes codified statutes over precedent, utilizes a predominantly inquisitorial procedure, and delegates significant authority to judges in both case management and fact-finding.
Understanding the structure, process, and nuances of litigation in Thailand is essential for individuals and foreign entities involved in civil disputes, contractual enforcement, tort claims, or regulatory conflicts within the Thai legal jurisdiction.
1. Structure of the Thai Court System
Thailand’s judiciary is divided into three primary branches:
A. Courts of Justice
This is the main body for civil and criminal cases and includes:
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Courts of First Instance, such as:
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Civil Court (Bangkok)
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Criminal Court
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Provincial Courts (in each province)
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Specialized First Instance Courts (see below)
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Court of Appeal
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Supreme Court (Dika Court)
B. Administrative Courts
Deals with disputes between private parties and state agencies or officials. These include:
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Central Administrative Court
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Regional Administrative Courts
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Supreme Administrative Court
C. Constitutional Court
Interprets the constitution, settles political or electoral disputes, and reviews the legality of legislative acts.
D. Specialized Courts
Operating under the Courts of Justice, these include:
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Central Intellectual Property and International Trade Court
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Central Bankruptcy Court
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Central Labor Court
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Central Tax Court
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Juvenile and Family Court
These courts apply subject-specific procedural rules in addition to the Civil Procedure Code (CPC) and relevant legislation.
2. Jurisdiction and Venue
Determining jurisdiction is fundamental to commencing litigation. A civil case may be filed with the court in:
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The defendant’s residence
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The place where the contract was formed or to be performed
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The place where the damage occurred
Foreign entities may also be subject to Thai jurisdiction if:
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They carry out business in Thailand
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They have a contractual clause designating Thai jurisdiction
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The cause of action occurred within Thailand
3. Commencing a Civil Action
A civil suit begins when the plaintiff submits a plaint to the court clerk. The plaint must include:
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Party details and legal standing
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Clear statement of facts
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Legal basis for the claim
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Relief sought (e.g., damages, performance, cancellation)
All supporting evidence should be submitted with the plaint or in accordance with court timelines. All documents in a foreign language must be translated into Thai and, if applicable, legalized.
The plaint is reviewed by the judge to confirm jurisdiction and admissibility. Once accepted, the defendant is summoned and must file an answer (defense) typically within 15 days, unless extended.
4. Pre-trial Procedures
A. Settlement of Issues
The court schedules a preliminary hearing to:
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Clarify factual and legal issues
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Examine jurisdictional objections
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Encourage settlement or mediation
The court may issue a court order identifying the contested and uncontested matters, which will guide trial hearings.
B. Judicial Mediation
Before full trial, especially in civil and family cases, parties are often referred to mediation conducted by a judge or a court-appointed mediator. If successful, the agreement is recorded and enforced as a court judgment.
5. Evidentiary Rules and Burden of Proof
A. Burden of Proof
Under Thai law, the burden lies on the party asserting a fact. In a breach of contract case, for example, the plaintiff must prove:
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Existence of a valid contract
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Defendant’s breach
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Resulting damages
B. Types of Admissible Evidence
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Documentary evidence (e.g., contracts, receipts)
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Witness testimony
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Expert reports
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Physical exhibits
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Audio-visual materials
Unlike common law systems, Thailand has no formal discovery process. Each party must produce their own evidence. The court may issue subpoenas for witnesses or documents, but only upon request and with proper justification.
Evidence must be disclosed before hearings begin. Late evidence may be admitted only with court permission and explanation of delay.
6. Trial Stage
Thai trials are conducted orally but are heavily controlled by the judge. Each party presents:
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Opening statements
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Examination-in-chief of witnesses
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Cross-examination
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Closing arguments
The judge takes an active role in questioning witnesses and may summon additional evidence or witnesses on their own initiative if it aids in discovering the truth.
All proceedings are conducted in Thai, and foreign parties must use a court-certified interpreter if required.
7. Judgment and Remedies
A. Judgment
The court will issue a written judgment detailing:
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Legal findings
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Analysis of evidence
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The remedies granted or denied
Judgments are enforceable unless suspended by appeal or temporary stay.
B. Civil Remedies
The court may grant:
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Compensatory damages
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Specific performance
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Contract cancellation
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Restitution
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Injunctions
Punitive damages are rare and only permitted under specific statutes (e.g., consumer protection law).
8. Appeals and Supreme Court Review
A. Court of Appeal
Any party dissatisfied with the ruling may appeal to the Court of Appeal within 30 days. The appellate court reviews both facts and legal interpretations unless limited by law.
B. Supreme Court (Dika Court)
The losing party may seek leave to appeal to the Supreme Court, which generally reviews only questions of law. Acceptance is discretionary unless specific conditions are met (e.g., monetary threshold or public interest).
9. Enforcement of Judgments
Judgments are enforced through the Legal Execution Department (LED). The process includes:
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Filing a request for writ of execution
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LED coordination to:
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Seize assets
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Garnish bank accounts
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Auction property
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Disbursement of proceeds to the prevailing party
Timeframes vary, and the creditor must bear initial enforcement costs, recoverable from the debtor. The statute of limitations to enforce a judgment is 10 years from the date it becomes final.
10. Foreign Judgments and Arbitration Awards
A. Foreign Court Judgments
Thailand does not recognize foreign court judgments automatically. A party must file a new lawsuit in Thai court using the foreign judgment as supporting evidence.
B. Foreign Arbitral Awards
Thailand is a signatory to the New York Convention, and foreign arbitral awards are enforceable in Thai courts under the Arbitration Act B.E. 2545 (2002).
Enforcement requires:
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Court approval
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Proof of due process in the original arbitration
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Absence of public policy violation
11. Strategic Considerations for Foreign Litigants
Foreign parties must appoint a licensed Thai attorney and submit a power of attorney. Key points to consider include:
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All submissions must be in Thai
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Litigation can span 12 to 36 months depending on the court and complexity
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Evidence must be carefully prepared due to limited disclosure rights
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Judges have broad discretion in managing cases and evaluating evidence
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Interim measures (injunctions, asset freezes) are available but require strong justification
Conclusion
Litigation in Thailand offers a structured legal mechanism to resolve disputes, supported by a codified system and active judicial involvement. However, the absence of common law tools like discovery, coupled with linguistic, procedural, and cultural differences, poses challenges—especially for foreign claimants.
Success in Thai litigation depends not only on the merits of the case, but on procedural strategy, timing, quality of evidence, and effective navigation of the civil law system. Working with knowledgeable local counsel, maintaining documentary rigor, and understanding the full lifecycle of a Thai lawsuit are essential for achieving enforceable outcomes.