Litigation in Thailand is governed by a civil law system that relies on codified statutes, inquisitorial procedures, and written pleadings. Rooted in the Roman-Germanic legal tradition, Thailand’s court system provides a formal mechanism to resolve disputes in civil, criminal, administrative, and specialized areas of law. While the process is relatively structured, it can be procedurally complex and time-consuming, particularly for foreign litigants unfamiliar with the system.
This article offers an in-depth explanation of litigation in Thailand, including the court structure, jurisdictional rules, litigation process, evidence and burden of proof, and post-judgment enforcement.
1. Court System and Jurisdiction
Thailand’s judicial system is organized under the Constitution of the Kingdom of Thailand, and administered by the Office of the Judiciary. There are three primary court branches, each with specific jurisdiction:
A. Court of Justice
Handles most civil, criminal, and commercial matters. It is structured in three tiers:
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Courts of First Instance (e.g., Civil Court, Criminal Court, Provincial Courts)
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Courts of Appeal
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Supreme Court (Dika Court)
B. Administrative Court
Has jurisdiction over public law disputes, including:
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Government contract disputes
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Abuse of power by administrative officials
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Public procurement and concession disputes
C. Constitutional Court
Handles disputes concerning the constitutionality of legislation, executive actions, and electoral matters.
There are also specialized courts under the Court of Justice, such as:
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Central Intellectual Property and International Trade Court
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Central Labor Court
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Central Bankruptcy Court
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Central Tax Court
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Juvenile and Family Courts
Each court operates under its own procedural laws in addition to the Civil Procedure Code, Criminal Procedure Code, and specific statutes.
2. Litigation in Civil Matters
Civil litigation in Thailand includes disputes over contracts, torts, property, inheritance, family law, corporate matters, and commercial claims.
To initiate litigation, a plaintiff must file a plaint (complaint) that outlines:
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The parties
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The facts of the case
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The legal grounds
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The relief sought (damages, injunction, performance, etc.)
Jurisdictional Rules:
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The case must be filed in the court where the cause of action arose or where the defendant resides.
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Foreign parties may be sued in Thailand if the cause of action occurred in Thailand or if the parties contractually agreed to Thai jurisdiction.
3. Steps in Civil Litigation
A. Filing the Complaint
The process begins with the plaintiff submitting the plaint to the court along with court fees and relevant documents. The plaint must be sufficiently detailed to establish a legal cause of action.
B. Service of Process
The court clerk serves the complaint to the defendant, who is given an opportunity to file a written answer (defense) within the statutory time frame (usually 15 days).
C. Preliminary Hearing
This stage involves:
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Verifying jurisdiction
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Screening for procedural defects
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Determining whether the case should proceed
If the court deems the plaint sufficient, it proceeds to the settlement of issues stage.
D. Settlement of Issues
The court may:
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Narrow the scope of dispute
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Define the legal and factual questions to be resolved
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Encourage settlement or refer the matter to mediation
E. Mediation (Optional or Court-Ordered)
The court may require parties to attend judicial mediation, especially in family, labor, or commercial disputes. A judge or court-appointed mediator facilitates this process. If successful, the mediated agreement is binding.
F. Trial (Oral Evidence Stage)
Both parties present:
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Witness testimony (examined and cross-examined)
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Documentary evidence
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Expert reports (when relevant)
Thai courts follow a civil law approach, where the judge plays an active role in questioning and fact-finding, although parties may also cross-examine witnesses.
G. Judgment
After hearings conclude, the court issues a written judgment explaining the legal findings and relief granted or denied.
4. Appeals and Supreme Court Review
A. Appeal to the Court of Appeal
A losing party may appeal the judgment to the Court of Appeal within one month of receiving the judgment, based on errors of law or fact.
B. Appeal to the Supreme Court (Dika)
Only questions of law are usually accepted unless the case involves a large monetary value or significant legal issue. Permission to appeal may be required in certain cases.
The Supreme Court’s decision is final and binding.
5. Evidence and Burden of Proof
Under the Thai Civil Procedure Code, the party who asserts a fact bears the burden of proving it.
A. Admissible Evidence Includes:
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Written documents
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Witness testimony
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Expert opinions
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Audio/video recordings
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Physical evidence
All evidence must be submitted before the witness hearing begins unless the court grants special permission. Hearsay is generally admissible, though given less weight.
Notably, discovery procedures, as found in common law systems, do not exist in Thailand. Each party is responsible for gathering their own evidence. However, courts may issue subpoenas to compel documents or witness appearances.
6. Interim Measures and Injunctions
Under Sections 254–264 of the Civil Procedure Code, Thai courts may issue provisional measures, including:
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Preliminary injunctions
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Freezing of assets
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Seizure or detention of property
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Stay of enforcement pending appeal
To obtain such relief, the applicant must demonstrate:
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Prima facie merits of the case
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Risk of irreparable harm
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Balance of convenience
Courts often require the applicant to post a security deposit to compensate the respondent if the injunction was wrongful.
7. Enforcement of Judgments
Once a final judgment is issued, the prevailing party must seek enforcement through the Legal Execution Department (LED).
Steps:
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Apply for a writ of execution
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Coordinate with the LED for:
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Seizure of assets
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Auction of property
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Garnishment of wages or bank accounts
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Distribute proceeds to the judgment creditor
Enforcement is not automatic. Delay or inaction can prejudice recovery. The statute of limitation for enforcement is 10 years from the date the judgment becomes final.
8. Foreign Litigants and Enforcement of Foreign Judgments
Foreign individuals or companies may participate in Thai litigation, subject to procedural requirements. A power of attorney is typically required for local representation.
Enforcement of Foreign Judgments:
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Thailand does not recognize foreign court judgments directly.
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A new lawsuit must be filed in Thai court, and the foreign judgment may be presented as persuasive evidence.
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In contrast, foreign arbitral awards are enforceable under the Arbitration Act B.E. 2545 (2002), in accordance with the New York Convention.
9. Criminal Litigation (Brief Overview)
Criminal prosecution may be:
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Initiated by the public prosecutor
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Brought as a private criminal complaint (rare, but available)
The criminal procedure follows a strict set of procedural protections, including:
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Presumption of innocence
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Right to legal counsel
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Right against self-incrimination
Some civil disputes (e.g., fraud, embezzlement, trespass) may also give rise to parallel criminal proceedings.
10. Costs, Timing, and Language
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Court fees in civil cases are based on the claim amount, subject to caps.
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Litigation may take 12 to 24 months in the court of first instance, depending on complexity and caseload.
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All proceedings are conducted in Thai language, and official translations are required for foreign documents.
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Foreign parties must be represented by a licensed Thai attorney.
Conclusion
Litigation in Thailand is a formal, multi-tiered process governed by statutory procedure and judicial discretion. While the Thai courts provide access to legal redress across civil, criminal, and administrative matters, the system demands strict adherence to procedural rules, comprehensive documentation, and language and cultural fluency.
For foreign litigants and multinational entities, success in Thai litigation hinges on timely action, competent local representation, and realistic expectations regarding timeframe and enforcement. While justice is accessible, it is neither fast nor automatic—litigation in Thailand rewards diligence, strategy, and legal precision.