Litigation in Thailand

Litigation in Thailand is a civil-law process that rewards meticulous preparation, fast evidence preservation and smart early use of interim measures. Unlike adversarial discovery regimes, Thai procedure limits wide-ranging document production, so success turns on who arrives at court with the best contemporaneous documentary record, expert surveys and witness accounts. Below is a compact but detailed roadmap you can use from the day a dispute arises to the end of enforcement.

Court system and jurisdiction — pick the right forum early

Thailand’s judiciary is tiered: Courts of First Instance (provincial civil and criminal courts), Courts of Appeal, and the Supreme Court. There are also specialist courts with exclusive or specialized jurisdiction:

• Central Intellectual Property and International Trade Court (IP&IT Court) for commercial, IP and many international trade disputes;

• Central Tax Court for tax objections;

• Central Bankruptcy Court for insolvency; and

• Labour Courts for employment claims.

Choose jurisdiction carefully: property and contract claims are usually heard where the defendant is domiciled or where the cause of action arose (often where the property is located). For cross-border contracts, consider arbitration with a seat outside Thailand but include Thai-court carve-outs for interim relief.

Starting the proceedings — pleadings, service and defensibility

A civil action begins by filing a statement of claim with the competent court and paying the court fee (typically a percentage of the claim value). The court will arrange service on the defendant (domestic service is by court officer; foreign defendants require formal channels and can add months).

Practical pointers:

• Draft the claim with clear factual chronology, precise relief sought and annexed evidence (contracts, invoices, title documents).

• Attach a right-to-sue narrative — judges in Thai courts expect substance over rhetoric.

• If the defendant is overseas, anticipate Hague Convention or diplomatic service and factor the delay into your strategy.

After service, the defendant usually has 15 days to file a defence. If no defence is filed the plaintiff can apply for default judgment; however courts often still scrutinise damages.

Evidence regime — preservation, production and experts

Thailand does not have U.S./UK-style discovery. Parties must list evidence in advance and the court admits specific documents/witnesses at scheduled hearings. Because of that constraint:

• Preserve originals immediately (title deeds, contracts, bank statements). Originals are decisive; certified Land Office extracts in property matters are indispensable.

• Commission contemporaneous witness statements and have witnesses sign sworn affidavits (to be used in court); do not assume memories will be reliable months later.

• Use experts early (surveyors for title/boundary disputes; engineers for defects; forensic accountants for fraud) — an expert’s certificate often shapes the court’s technical understanding.

Tip: request the court to order preservation of evidence (seizure of documents) if you fear destruction — Thai courts can order document preservation ex parte in urgent cases.

Interim relief — injunctions, attachments and emergency measures

Interim remedies are vital in high-risk cases. Thai courts can grant provisional measures: injunctions, freezing orders, seizure of assets, and preservation of bank balances. The judge generally requires:

1. A prima facie case on the merits;

2. Evidence of imminent, irreparable harm or risk of dissipation; and

3. An undertaking as to damages (sometimes required).

These applications are often ex parte and are best supported by affidavits, asset-trace exhibits and bank evidence. For cross-border scenarios, remember Thai courts are cautious about ordering remedies affecting assets outside Thailand — use arbitration with New York Convention enforcement for cross-border enforceability and seek local interim measures to preserve domestic assets.

Trial mechanics — hearings, witnesses and judgments

Trials in Thailand are judge-centric and oral. Typical sequence:

• Case management and exchange of documents;

• Witness and expert testimony hearings before the judge (these may be scheduled on multiple days);

• Closing submissions (often short written memoranda);

• Judgment, normally issued several weeks to months after the evidentiary hearings conclude.

The appellate system focuses on legal and factual errors; appeals can take many months. Cost recovery is limited: courts award statutory court fees and a capped contribution to the winner’s legal costs but generally do not fully cover actual attorney fees.

Enforcement — judgments, the Legal Execution Department (LED) and practicalities

A final, executable judgment is enforced through the Legal Execution Department (LED). Enforcement tools include:

• writs of execution to seize and sell movables;

• garnishment of bank accounts;

• attachment and sale of immovable property (via public auction); and

• execution against salaries and receivables.

Practical enforcement tips:

• Identify and preserve assets early (bank accounts, registered property, corporate receivables).

• Register charges/annotations where possible to prevent third-party transfers.

• Use the LED’s asset-search and coordinate with local enforcement counsel; enforcement is straightforward where identifiable Thai assets exist but weak against dispersed or foreign assets.

Arbitration vs litigation — choosing a strategic forum

For international commercial deals, commercial arbitration is often preferable: confidentiality, party autonomy, enforceability under the New York Convention. However:

• Arbitration does not automatically grant interim relief — you usually need Thai court assistance for conservatory measures.

• Courts are often faster to issue emergency relief; include an express carve-out in arbitration agreements allowing immediate court-based interim measures.

Draft arbitration clauses carefully: seat, rules (ICC/SIAC/HK), emergency arbitration, and enforcement mechanisms matter. For Thai seated arbitration, local courts will support arbitration robustly.

Cross-border issues — foreign judgments, evidence and service

Thailand has no general automatic enforcement of foreign judgments (no simple exequatur). A foreign judgment may be used as evidence of the fact and, in many cases, a fresh action in Thailand is needed for enforcement. By contrast, arbitral awards under the New York Convention are relatively straightforward to enforce through Thai courts.

For cross-border evidence, consider:

• using consular/legalized documents or certified translations;

• preserving electronic metadata and bank remittance trails; and

• planning service of process via diplomatic/Hague channels well before deadlines.

Costs, timing and realistic expectations

Timelines vary widely: simple uncontested debt claims can be resolved in months; complex evidentiary trials (property, construction defects, fraud) commonly take 12–36 months to final judgment and longer with appeals. Budget for interim measures, expert fees, translation/legalization costs and enforcement steps.

Costs are driven by claim value, complexity and need for foreign counsel. Because Thai cost awards seldom cover full legal fees, consider security for costs and escrow/hard deposits where recoverability is uncertain.

Practical pre-litigation checklist — act before you sue

1. Preserve originals (contracts, bank transfers, title deeds) and create a secure evidentiary file.

2. Commission surveys/experts now; attach their certificates as exhibits.

3. Trace assets and freeze movement: issue a pre-action preservation request and seek ex-parte injunctions if necessary.

4. Secure witness statements and affidavits while facts are fresh.

5. Plan jurisdiction and forum: compare Thai courts vs arbitration seats and include interim-relief carve-outs.

6. Set enforcement strategy: identify target assets and whether domestic enforcement or cross-border recognition is needed.

Final practical advice

In Thailand, litigation is a process of control and preservation: control the facts, preserve the evidence, use interim court powers promptly, and choose the dispute forum that matches enforcement needs. For international disputes use arbitration for final relief but rely on Thai courts for emergency preservation of Thai assets. Get experienced Thai litigation counsel early — small procedural mistakes (in service, evidence form or timing) can be fatal to a strong substantive case.