Litigation in Thailand is governed by a civil law system heavily influenced by continental European jurisprudence, particularly the German and French models. Thai courts rely primarily on written statutes codified in laws such as the Civil and Commercial Code, Civil Procedure Code, Criminal Code, and Criminal Procedure Code. While court precedent holds persuasive value, it is not binding in the same manner as in common law jurisdictions.
Foreign individuals and companies with disputes in Thailand must navigate a system that is formalistic, procedurally rigid, and conducted almost exclusively in the Thai language. A firm understanding of the court structure, legal process, and cultural nuances is essential to effectively litigate or defend claims within the Thai judiciary.
Thailand’s court system is divided into three primary tiers:
Courts of First Instance
Civil Courts
Criminal Courts
Provincial Courts
Specialized Courts (e.g., Central Intellectual Property and International Trade Court, Labour Court, Tax Court, Bankruptcy Court)
Court of Appeal
General Appeals Court
Regional Appeals Courts
Specialized Appeals Divisions
Supreme Court (Dika Court)
Final arbiter for civil, criminal, and administrative matters
No automatic right of appeal—permission to appeal may be required in certain types of cases
There is also an Administrative Court system (first instance and supreme level) for lawsuits involving state authorities or administrative orders, and a Constitutional Court for issues concerning the interpretation of constitutional law.
Civil cases are generally initiated in the court where the defendant resides or where the cause of action occurred. For example, in a contract dispute, the suit can be filed where the contract was signed or breached.
Claims exceeding THB 300,000 must typically be filed with the Civil Court in Bangkok or the appropriate Provincial Court if filed outside Bangkok. Claims involving intellectual property, labor, or bankruptcy must be filed with the respective specialized courts.
All court proceedings are conducted in Thai. Foreign litigants must be represented by Thai-licensed lawyers. Foreign lawyers may observe proceedings but cannot conduct litigation or address the court.
Complaint (Plaintiff): The plaintiff files a written complaint outlining the factual and legal basis of the claim.
Answer (Defendant): The defendant must submit an answer or written defense, generally within 15 days of service, unless an extension is granted.
The pleadings must be clear, concise, and supported by documents or evidence. Defects in form may lead to dismissal.
Before trial, the court will usually convene a settlement hearing to encourage mediation. Judges often play an active role in mediating disputes, especially in civil and family matters.
If the parties reach a compromise, the court may issue a consent judgment with the same enforceability as a trial verdict.
If mediation fails, the case proceeds to trial. Thai trials are typically conducted in discrete hearings spread over multiple months.
Witness Examination: Both sides submit a list of witnesses. Direct and cross-examinations follow Thai rules of evidence.
Documentary Evidence: All documents must be translated into Thai and submitted in advance.
Expert Testimony: Admissible with prior approval and court discretion.
There is no jury system in Thailand; the judge(s) serve as the sole fact-finders and arbiters.
The court typically renders a written judgment several weeks after the last hearing. The decision includes factual findings, legal reasoning, and remedies awarded (if any). Remedies may include:
Damages (actual and occasionally punitive)
Specific performance
Injunctions
Declaratory relief
Legal costs (usually nominal)
Either party may file an appeal to the Court of Appeal within 1 month of the final judgment. The appeal must be based on legal error or, in limited cases, factual error.
Final appeal to the Supreme Court (Dika Court) is available, but not guaranteed—permission to appeal may be required depending on the type and value of the case.
Private parties can initiate criminal proceedings for certain offenses—such as fraud, defamation, and breach of trust—by filing a criminal complaint directly with the court. The court may hold a preliminary inquiry to determine whether there is sufficient evidence to proceed.
In other cases, the public prosecutor files and prosecutes criminal charges. Victims may join as co-plaintiffs to claim damages in conjunction with the criminal case.
A court judgment is not self-enforcing. The prevailing party must initiate execution proceedings, which include:
Petition for execution
Appointment of execution officers
Attachment and sale of debtor’s assets
Judgments can be enforced for up to 10 years from the date of final judgment.
For foreign judgments, Thailand does not automatically recognize or enforce foreign court decisions. A new case must be filed in Thai court, and the foreign judgment may be submitted as evidence to establish liability.
Average civil case duration: 12 to 36 months, depending on complexity
Legal fees: Vary depending on the firm, but litigation costs are modest by international standards
Court fees: Range from 0.1% to 2% of the claim amount (capped for large claims)
Bailiffs and enforcement costs: Paid by the creditor initiating enforcement
Language Barrier: Translation and communication must be carefully managed. Official translations of contracts and evidence are essential.
Evidence-Driven Outcomes: Thai courts place strong emphasis on documentary and witness evidence. Oral contracts or assumptions often fail to persuade.
Judicial Style: Judges may take an inquisitorial approach, questioning witnesses directly and scrutinizing evidence closely.
Cultural Nuances: Reputation, status, and courtroom demeanor can influence perceptions. Lawyers and litigants are expected to show deference and formality.
Alternative Dispute Resolution (ADR): Arbitration and mediation are increasingly favored for commercial disputes, especially involving international parties.
Litigation in Thailand is a formal process requiring strict adherence to procedural law and language requirements. While the system offers robust protections and impartial adjudication, it demands careful navigation—especially for foreign litigants unfamiliar with Thai legal culture.
Engaging experienced local counsel, preparing comprehensive Thai-language evidence, and understanding the judicial mindset are essential to succeed in Thai courts. Whether for enforcing contracts, resolving commercial disputes, or defending against claims, a well-planned litigation strategy is critical in Thailand’s civil law environment.