Litigation in Thailand operates under a civil law system, shaped by codified statutes, judge-centered adjudication, and minimal discovery. Although procedural transparency and judicial reforms have progressed significantly in recent years, challenges remain—particularly for foreign litigants unfamiliar with the formalities, linguistic barriers, and local practices that define Thailand’s judicial process.
This article offers a detailed breakdown of the litigation system in Thailand, with a focus on civil litigation, touching on jurisdictional rules, procedural steps, evidentiary standards, appellate rights, and enforcement mechanisms.
1. Legal System and Judicial Structure
Thailand follows a civil law tradition, with primary reliance on codified legislation. Judges are career civil servants rather than former advocates, and there is no jury system.
1.1 Court Structure
Thailand’s judiciary is composed of three main branches:
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Courts of Justice: Includes general civil and criminal courts at the trial level, Court of Appeal, and Supreme Court (Dika Court).
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Administrative Courts: Hear disputes involving government agencies or public law issues.
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Constitutional Court: Handles constitutional interpretation and separation of powers cases.
1.2 Specialized Courts
Within the Court of Justice system, several specialized trial courts operate, including:
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Intellectual Property and International Trade Court
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Labor Court
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Tax Court
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Juvenile and Family Court
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Bankruptcy Court
Each follows the Civil Procedure Code but applies subject-specific rules.
2. Jurisdiction and Venue
2.1 Subject Matter Jurisdiction
Courts are designated based on the nature and value of the claim. Civil suits typically fall under:
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Civil Courts in Bangkok for high-value or complex claims
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Provincial Courts for claims arising outside Bangkok
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Municipal Courts for claims not exceeding THB 300,000
Specialized courts have exclusive jurisdiction where designated.
2.2 Personal Jurisdiction
Defendants are typically sued in the jurisdiction where they reside, unless the dispute relates to a specific property, business activity, or wrongful act in another venue.
3. Filing and Initiation of Proceedings
3.1 Statement of Claim
Litigation begins with the filing of a plaintiff’s complaint in the Thai language, detailing:
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Parties’ identities
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Statement of facts
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Legal grounds
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Relief sought
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Supporting documentation (e.g., contracts, correspondence)
A filing fee is assessed based on the value of the claim.
3.2 Service of Process
The court serves the summons and complaint through official bailiffs. In foreign defendant cases, service may proceed under the Hague Convention, bilateral treaties, or by publication if other methods fail.
4. Pre-Trial Procedure
4.1 Preliminary Examination
A preliminary hearing is held to:
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Confirm jurisdiction
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Allow for initial objections (e.g., lack of standing, improper service)
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Identify issues for trial
Thai judges play an active role in narrowing the issues.
4.2 Pleadings and Responses
Defendants must file an Answer to the Complaint within 15 days of service (extendable for good cause). Counterclaims and third-party claims are permitted.
Thai civil procedure is relatively formalistic—pleadings must be detailed, consistent with evidence, and comply with format rules.
5. Trial Phase
5.1 Role of Judges
Thailand’s courts follow a non-adversarial system, with judges assuming a dominant role in examining evidence and questioning witnesses. There is no jury.
Typically, two judges hear first-instance civil cases; the number may increase at the appellate or Supreme Court levels.
5.2 Presentation of Evidence
Thailand does not allow general discovery. Each party presents its own evidence, including:
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Witness testimony (oral hearings are the norm)
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Documentary evidence
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Expert opinions (appointed by parties or the court)
All documents must be translated into Thai. Foreign documents must be notarized and legalized.
The burden of proof is on the plaintiff to establish claims by a preponderance of evidence, unless the law shifts the burden (e.g., in product liability cases).
6. Settlement and Mediation
At any stage, parties may enter a court-supervised settlement. Many courts, especially the Civil Court and Family Court, will encourage or even require mediation as part of the pre-trial process.
Settlements reached under court supervision are enforceable as final judgments.
7. Judgment and Remedies
7.1 Final Judgment
Following completion of testimony and closing submissions, the court issues a written judgment, typically within 60–90 days. It addresses:
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Findings of fact
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Application of legal principles
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Orders of relief or dismissal
7.2 Available Remedies
In civil cases, Thai courts may grant:
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Compensatory damages (based on actual loss proven)
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Specific performance
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Rescission or nullification of contracts
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Declaratory relief
Punitive damages are not recognized, except where provided by statute (e.g., Consumer Protection Act).
8. Appeal and Supreme Court Review
8.1 Appeals to the Court of Appeal
Parties may appeal on points of law or fact within one month of receiving the trial court judgment. Appeals must be detailed, citing specific legal errors or misinterpretations.
8.2 Dika (Supreme) Court
Appeals to the Dika Court require leave, except in certain serious or precedent-setting cases. The Dika Court generally limits itself to legal issues, but may reopen factual findings in exceptional cases.
Supreme Court judgments are final and binding.
9. Enforcement of Judgments
9.1 Execution Process
A prevailing party must file a motion to enforce the judgment. Thai courts do not automatically enforce awards. Execution measures include:
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Seizure and auction of debtor’s property
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Garnishment of income or bank accounts
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Injunctions or mandatory orders
Court bailiffs oversee enforcement, and obstruction may be punished under criminal law.
9.2 Recognition of Foreign Judgments
Thai courts do not recognize foreign court judgments directly. The claimant must re-litigate the case under Thai law.
However, foreign arbitral awards may be enforced under the New York Convention, provided that:
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The award does not violate Thai public order
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Proper notice and process were followed
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A Thai court confirms the award
10. Costs and Duration
10.1 Litigation Costs
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Filing fees: Based on claim value (0.1–2%)
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Translation costs
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Attorney fees: Not recoverable in full, though nominal compensation may be awarded
Thailand does not follow the “loser pays” principle fully. Courts rarely award substantial legal fees.
10.2 Timeline
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Simple civil cases: 12–24 months
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Complex or high-value cases: 2–5 years (including appeals)
Factors affecting timeline include availability of judges, complexity of evidence, and procedural delays.
11. Strategic Considerations for Foreign Litigants
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Language barrier: All pleadings, evidence, and oral testimony must be in Thai
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Formality: Precision in pleadings and documentary evidence is critical
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No discovery: Pre-trial fact-finding is limited
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Use of proxies: Thai procedural law allows authorized representatives, but only Thai-licensed lawyers may appear in court
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Asset tracing: Post-judgment asset enforcement requires local investigation and creditor diligence
Conclusion
Litigation in Thailand is a structured and formal judicial process rooted in civil law traditions. It provides clear procedural steps and opportunities for appeal, but also presents distinct challenges—particularly for foreign parties unfamiliar with local legal culture, language, and court procedures. Legal outcomes often hinge on quality of documentary evidence, procedural compliance, and judicial discretion.
Understanding the system’s limitations—especially the absence of discovery, limited cost recovery, and strict enforcement rules—is vital to navigating litigation successfully. Engagement with experienced Thai counsel, bilingual document preparation, and proactive case management are essential to mitigating litigation risk and achieving favorable outcomes.
