Litigation in Thailand is governed by a civil law system with codified statutes and formal procedures. The Thai judiciary functions under the principle of inquisitorial adjudication, where the court plays an active role in investigating the case, rather than relying entirely on adversarial advocacy by the parties. The primary statute governing civil litigation is the Civil Procedure Code B.E. 2477 (1934), supplemented by court regulations, ministerial rules, and case management protocols.
This article provides a deep dive into the litigation process in Thailand, focusing on the procedural lifecycle of a civil case, jurisdictional rules, burden of proof, evidence submission, appeal structure, and enforcement procedures. Special attention is given to the roles of foreign parties in Thai litigation, interim relief measures, and challenges in cross-border enforcement.
1. Legal System Overview
1.1 Structure of Courts
Thailand’s court system is divided into:
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Courts of First Instance
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Civil Courts (e.g., Bangkok Civil Court)
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Provincial Courts
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Specialized Courts (e.g., Labour, IP & IT, Tax, Bankruptcy, Juvenile)
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Court of Appeal
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Appeals from both civil and criminal cases
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Supreme Court (Dika Court)
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Final court of appeal on questions of law (and fact, in some exceptions)
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Specialized courts have tailored procedures and judges with subject-matter expertise, making them more efficient for certain types of disputes.
2. Jurisdiction and Venue
2.1 Subject Matter Jurisdiction
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Civil cases with a private right of action are generally heard by civil or provincial courts.
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Some cases must be filed in specialized courts:
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Intellectual Property disputes → IP & IT Court
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Bankruptcy proceedings → Central Bankruptcy Court
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Labour disputes → Labour Court
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2.2 Territorial Jurisdiction
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Determined by the defendant’s domicile or location of cause of action.
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In contract cases, jurisdiction may be contractually agreed upon, but Thai courts may disregard foreign venue clauses if public policy is implicated.
3. Commencement of Civil Proceedings
3.1 Filing a Complaint
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A civil action begins with the filing of a plaint (คำฟ้อง) at the appropriate court.
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The complaint must include:
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Parties’ information
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Statement of facts
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Legal grounds
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Relief sought
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Thai courts require concise factual and legal presentation, with clear evidence identification.
3.2 Filing Fees
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Filing fees are ad valorem, calculated based on the monetary value of the claim.
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Approx. 2% of the claim amount, capped depending on the court and nature of the claim.
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4. Service of Process and Defendant’s Response
4.1 Summons and Service
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Court officers serve the plaint and summons to the defendant.
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Service is usually in person, and for foreign defendants, may require Ministry of Foreign Affairs coordination.
4.2 Written Answer (คำให้การ)
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Defendant must file an answer within 15 days of service.
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May include:
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Denials and admissions
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Counterclaims
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Third-party impleader
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Failure to file an answer may result in a default judgment.
5. Pre-Trial Phase
5.1 Mediation and Settlement
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Thai courts encourage preliminary mediation, especially for civil and commercial disputes.
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Court-appointed mediators facilitate negotiation, and settlements are recorded as enforceable judgments.
5.2 Evidence Disclosure
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There is no general discovery as in common law jurisdictions.
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Parties must submit all intended documentary and witness evidence before the trial starts.
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Courts control admissibility and order of presentation.
6. Trial Proceedings
6.1 Judge-Led Trials
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Trials are bench trials, with no jury system.
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Judges take an active role in questioning witnesses and clarifying evidence.
6.2 Order of Proceedings
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Plaintiff’s witness examination
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Defendant’s cross-examination
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Defendant’s witnesses
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Plaintiff’s cross-examination
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Closing statements
6.3 Language and Translation
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All proceedings are in Thai.
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Documents in foreign languages must be submitted with certified Thai translations.
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Court-approved interpreters are mandatory for non-Thai-speaking witnesses.
7. Judgment and Appeals
7.1 Judgment
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Courts issue written judgments outlining findings of fact and application of law.
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Delivery may take 30–90 days after trial conclusion.
7.2 Appeals
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Court of Appeal: Can re-examine both facts and law.
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Supreme Court: Hears only issues of law (except in special circumstances).
Appeals must be filed within 30 days of receiving the judgment. Extensions are possible under exceptional conditions.
8. Interim Relief and Injunctions
Thai courts may issue interim measures, including:
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Preliminary injunctions to prevent irreparable harm
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Asset freezing orders to prevent dissipation of assets
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Evidence preservation orders
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Security for costs, especially for foreign plaintiffs
To obtain interim relief, the applicant must show:
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Likelihood of success on the merits
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Risk of irreparable harm
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Public interest or fairness consideration
Courts may require a guarantee or security deposit to protect the respondent.
9. Enforcement of Judgments
9.1 Execution Process
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Once a judgment becomes final, the creditor must request execution by the Legal Execution Department (LED).
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LED can:
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Seize and auction property
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Garnish wages or bank accounts
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Seize shares or receivables
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9.2 Limitation Period
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Execution must begin within 10 years from the date the judgment becomes final.
10. Foreign Parties in Thai Litigation
10.1 Standing
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Foreign individuals and corporations may sue and be sued in Thai courts.
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Must appoint a Thai lawyer, as only licensed Thai nationals may represent clients in court.
10.2 Security Bond Requirement
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Non-resident plaintiffs may be required to post a security deposit to cover potential legal costs (Section 143 CPC).
10.3 Recognition of Foreign Judgments
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Foreign court judgments are not automatically enforceable in Thailand.
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A fresh lawsuit must be filed in Thailand, where the foreign judgment may be used as evidentiary support, not conclusive proof.
10.4 Foreign Arbitral Awards
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Thailand is a party to the New York Convention, and foreign arbitration awards are enforceable via the Civil Procedure Code (Sections 41–52).
11. Costs and Timeframes
11.1 Duration
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Simple civil cases: 6–12 months at the first instance
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Complex commercial litigation: 12–24 months
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Appeals: 1–3 years additional
11.2 Legal Costs
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Court fees are fixed; attorney’s fees are not recoverable unless contractually agreed or exceptionally awarded.
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Costs for translation, expert witnesses, and document authentication are typically borne by the party submitting the evidence.
Conclusion
Litigation in Thailand is characterized by a formal, codified, and judge-centric process that emphasizes written evidence, procedural discipline, and judicial control over trial proceedings. While it lacks common law features such as discovery and jury trials, the Thai system offers predictability, structured deadlines, and defined appeal rights.
Foreign parties litigating in Thailand must pay particular attention to language requirements, evidence rules, security obligations, and limitations on foreign judgments. In most cases, successful litigation hinges not only on substantive claims but also on procedural navigation and local legal representation.