Litigation in Thailand

Litigation in Thailand blends civil-law procedure with practical, local habits: judges are document-focused, courts are receptive to urgent interim relief, discovery is narrow compared with common-law systems, and arbitration sits alongside courts as a routine commercial option. Whether you’re a claimant thinking about filing suit, a defendant planning a defense, or an international party weighing arbitration versus litigation, understanding the procedural rhythm and tactical levers used in Thai practice materially improves outcomes. This guide walks through the litigation lifecycle — pre-action, emergency measures, pleading and evidence, trials and appeals, enforcement, costs and timing — and supplies concrete tactical tips that lawyers and in-house teams actually use on the ground.

1. Pick the right forum and law early

Thailand has ordinary courts (civil/commercial at first instance), specialized courts in some jurisdictions (IP, bankruptcy, juvenile/family), and an arbitration framework governed by the Arbitration Act and the New York Convention. Choose the forum based on (a) relief needed (injunctive relief usually requires a domestic court), (b) enforceability needs (domestic judgments vs. New York Convention awards), and (c) speed/privacy preferences. If your contract includes international arbitration, remember: courts will still assist with emergency injunctions before any tribunal is constituted.

2. Pre-action triage — preserve, analyze, control

Before filing, do four things immediately:

1. Preserve evidence. Secure originals, take photographic records, preserve server logs and back up emails. Courts in Thailand give heavy weight to contemporaneous documents.

2. Get quick technical reports. Surveyors, engineers or forensic accountants can produce prima facie evidence for emergency relief.

3. Check limitation periods. Multiple prescription periods apply (some torts 1 year, many contractual claims 5 years, general default 10 years) — missing a deadline can be dispositive.

4. Map enforcement targets. Identify Thai-situs assets or third-country assets—if enforcement will be local, a Thai judgment or enforceable arbitral award matters; if assets are abroad, plan domestication or parallel proceedings.

Early preservation and a small bundle of strong technical reports often determine whether a court will grant interim measures.

3. Urgent and provisional relief — courts are pragmatic

Thai courts are willing to grant conservatory measures where there’s a real risk of dissipation and convincing prima facie evidence. Common measures include: asset freezes, orders to register caveats at the Land Department, attachment of bank accounts, urgent injunctions to stop transfers or demolition, and emergency custody relief in family cases. Expect the court to require some form of security or undertaking. For international disputes, seek ex-parte court relief in Thailand first and then pursue arbitration or parallel court proceedings on the merits.

Tactical point: assemble a compact emergency bundle (timeline, key documents, technical report, affidavit) and be prepared to ask for short, interim measures while the court sets a full hearing.

4. Pleadings and service — precision matters

A Thai statement of claim must set out the factual and legal case with supporting exhibits. Courts expect original documents when available; certified translations are required for foreign language materials. Service on defendants in Thailand is straightforward; for foreign defendants, use diplomatic channels or Hague Service Convention paths where applicable — plan extra time. If a defendant is evasive, the court can authorize alternative service methods, but that process adds delay.

5. Discovery and disclosure — limited but targeted

Thailand does not have broad Anglo-style document discovery. The Civil Procedure Code allows targeted court orders compelling production of documents that are necessary and proportionate to the claim. Courts scrutinize production requests for fishing expeditions and balance proportionality. A good strategy is to define narrow categories and justify them with the facts: bank transfers for a limited period, specific email threads tied to a contract, or a single technical report.

Tactical tip: use court-ordered disclosure for critical categories and rely on witness cross-examination and expert evidence to flesh out holes that discovery won’t fill.

6. Experts, witnesses and the evidentiary approach

Expert reports are essential in construction, valuation, forensic accounting and survey disputes. Submit clear, reasoned expert evidence and prepare experts for robust cross-examination. Judges sometimes appoint court experts—anticipate their questions. Witness statements matter, but the judge will weigh contemporaneous documents more heavily than later recollections. Authenticate electronic evidence early (hashes, system logs) to avoid admissibility issues.

7. Trial dynamics and judgment

Trials in civil/commercial courts are relatively concentrated: the court frames the issues, sets witness timetables and focuses hearings on disputed factual and legal points. Judgments are reasoned and can be appealed on facts and law. Remedies include damages, specific performance, rescission, injunctions and partition orders. For complex commercial matters, expect multi-day hearings, but the courts encourage parties to narrow issues ahead of trial.

8. Appeals — staged oversight

A party unhappy with first-instance findings appeals to the Court of Appeal and can then petition the Supreme Court on points of law. Appeals can reconsider evidence and legal interpretation; the Supreme Court focuses on legal principle. Strategically, consider settlement during the appeal window; courts often sustain mediated settlements that are recorded and approved.

9. Enforcement — execution and practical issues

Thai judgments are executed through seizure and auction, garnishment of bank accounts, or registration steps (for real property via the Land Department). Enforcing a foreign judgment typically requires a fresh Thai action unless a bilateral treaty or a recognized mechanism applies. For arbitral awards, Thailand enforces New York Convention awards routinely, though limited defenses (public policy) remain available. Practical enforcement often requires tracing assets and pre-registering caveats or attachments quickly to prevent movement.

10. Costs, security for costs and funding

Thai courts may order security for costs in some circumstances. The “loser pays” principle applies to court fees, but attorneys’ fees are generally determined by contract; courts may order modest indemnities for costs. Third-party litigation funding is not widely established and may face regulatory limits; structure funding arrangements carefully with local counsel.

11. Arbitration and hybrid strategies

Arbitration is a mainstream option for international commercial disputes—confidential, enforceable under the New York Convention and often faster. Combine arbitration with court carve-outs: include explicit language preserving court emergency powers, and obtain pre-arbitral interim measures from courts if urgency demands it.

12. Practical timelines — realistic expectations

• Emergency injunctions: days to a few weeks (fastest if bundle prepared).

• First-instance commercial judgment: typically 12–24 months depending on complexity.

• Appeal to finality: add 12–36 months in contested cases.

• Arbitration (domestic seat): often 9–18 months to award, depending on tribunal and complexity.

Budget for expert fees, translations, travel and possible enforcement proceedings when forecasting total cost and schedule.

13. Tactical checklist — what to do the moment a dispute appears

1. Preserve originals and take forensic backups of electronic records.

2. Commission an urgent technical/valuation report to support interim relief.

3. Check limitation periods and contractual notice/ADR steps immediately.

4. Identify and secure Thai-situs assets (register caveats, seek conservatory orders).

5. Limit discovery requests: seek narrow production orders tied to specific issues.

6. Prepare bilingual bundles (Thai + English) — Thai language documents are decisive.

7. Consider arbitration plus court emergency relief as a hybrid strategy for international disputes.

8. Line up expert witnesses early and budget for their cross-examination preparation.

9. If settlement is an option, use mediation early: Thai courts favor mediated, executable outcomes.

Final thought

Litigation in Thailand is practical and remedies-oriented: quick, persuasive documentary evidence and a coherent interim-relief plan usually win the day. Whether you prefer courts or arbitration, shape your strategy around the facts most likely to move a judge—original documents, independent expert findings, and an immediate, enforceable interim plan. Early, disciplined preparation beats last-minute firefighting every time.