Litigation Services in Thailand

Litigation services in Thailand is a document-driven, court-supervised process that blends civil-law formality with practical concerns common to common-law jurisdictions: evidence preservation, interim relief, and predictable enforcement planning. Success usually depends less on surprise courtroom theatrics and more on front-loading proof, choosing the right forum (court v arbitration), and preparing enforceable judgments. This guide explains the system, practical steps and timelines, interim measures, evidence rules and enforcement, plus a tactical checklist you can use immediately.

1) Which court and which route — pick the right forum

Thailand’s justice map includes several specialist and general forums:

Civil Courts (trial courts and appellate routes) handle contractual, tort and commercial disputes.
Criminal Courts for alleged offences (including fraud, computer crimes, IP crimes).
Administrative Courts for actions against government agencies.
Specialist courts such as the Intellectual Property & International Trade Court (IP&IT) and Commercial Division which handle complex commercial, IP, and international trade cases.
Arbitration remains a preferred route for international commercial disputes; Thailand is arbitration-friendly and local courts commonly support arbitration (interim relief, enforcement), but some urgent remedies (e.g., injunctive Land Office relief) are more effective via court channels.

Picking the right forum is a strategic first step: courts are public and provide compulsory powers (attachments, injunctions) while arbitration gives confidentiality and usually faster finality. Consider whether you will need immediate court measures or bespoke arbitral relief when you make the choice.

2) Starting a civil claim — procedure, pleadings & timetables

A typical civil claim proceeds as follows:

Pleadings / Statement of Claim: file at the competent court (the plaintiff chooses venue by defendant’s domicile or where the cause arose). The claim must set out cause(s) of action and the relief sought; supporting documents should be attached or identified.
Service of Process: the court serves the defendant. For cross-border defendants, Thailand recognises Hague service routes and diplomatic channels; enforcement against absentees is more complex.
Defence & Counterclaims: the defendant files a written defence; counterclaims may be lodged.
Evidentiary stage / discovery: Thailand does not have broad common-law disclosure; evidence is produced by pleading and by formal evidence applications. Parties typically submit documentary evidence, witness statements and expert reports for court examination.
Trial: oral hearings focus on witness examination and legal argument. Courts control the timetable; trials can be relatively short if documents are in order, or lengthy if fact disputes exist.
Judgment & appeals: trial court judgment may be appealed first to the Court of Appeal and then to the Supreme Court on points of law and fact (limited leave or criteria may apply). Appeal timelines vary; expect months to years for a final decision in contested, complex cases.

Realistic timing: relatively straightforward commercial suits can take 9–18 months to judgment; complex, contested matters often take longer with appeals adding years. Expect procedural steps (motions, requests for evidence) to add time — plan enforcement and interim relief early.

3) Interim relief & preservation measures — act early

Thai courts offer powerful interim measures that are essential in commercial disputes:

Interim injunctions (preservation orders): to stop ongoing breaches (e.g., to prevent further misappropriation or trespass).
Conservatory attachments / garnishments: to freeze assets, bank accounts, or register caveats on title. These are usually obtained by urgent ex parte applications supported by documentary proof and, in many cases, an undertaking or security.
Preservation of evidence: courts can order preservation of documents, inspection, or seizure of items to prevent destruction.

Practical tip: preservation remedies are time-sensitive. File early with a narrowly focused affidavit showing urgent risk and strong prima facie case. Courts expect precise evidence before granting ex parte freezes.

4) Evidence & proof — documentary focus

Thai courts rely heavily on documentary evidence. Key practical rules:

Original documents are preferred; courts regularly insist on originals or certified copies.
Translations & legalization: foreign documents typically need certified Thai translations and, where required, apostille or embassy legalization.
Expert evidence: technical or foreign-law issues are proven by sworn expert affidavits (e.g., affidavit of foreign law, technical reports). Experts must state qualifications and assumptions.
Witnesses: witness statements are allowed, but the court will value contemporaneous documents and official records much more than after-the-fact recollections.

Because Thai procedure gives less latitude for broad discovery, clients should collect and lodge all key documents early and preserve electronic records and backups.

5) Costs, security for costs & tactical applications

Court fees are generally modest and scaled to the amount claimed. However, legal fees, expert fees and enforcement costs are the real expense.
Security for costs can be ordered (rarely) or claimed where there is concern about enforcement against a foreign or impecunious defendant.
Cost awards: the losing party often pays costs, but courts are not mechanical — allocate a reserve for legal fees even if your case is strong.

Budget realistically for pre-trial preservation, hearing fees, expert reports and potential appeals.

6) Enforcement — turning judgment into recovery

Getting a judgment is only half the fight; enforcement is the key:

Writs of execution enable seizure and auction of assets (movable and immovable). Enforcement can include garnishing bank accounts, auctioning property or seizing corporate assets.
Cross-border enforcement: Thailand recognizes some foreign judgments via treaty or reciprocity but does not automatically enforce all foreign rulings — foreign judgments typically require recognition proceedings. Arbitration awards under the New York Convention are readily enforced.
Practical asset tracing: effective enforcement requires prior asset tracing and preservation (attachments). Without it, collection after judgment may be difficult.

When litigation begins, plan enforcement in parallel: identify assets that can be frozen or charged and consider provisional relief to protect them.

7) Arbitration interface — when courts help the arbitral process

Thai courts generally support arbitration by granting interim measures, compelling evidence preservation, and enforcing emergency arbitral orders. Because Thailand is a New York Convention member, arbitral awards are usually enforceable. That makes arbitration attractive for international disputes — but remember some urgent regulatory actions (Land Office transfers, company regulatory petitions) may need court route for immediate administrative powers.

8) Practical litigation checklist (day-one)

Preserve evidence: send a litigation hold, secure servers, backup mailboxes, preserve originals.
Asset map: identify bank accounts, real estate, shareholdings and likely enforcement targets.
Urgent relief: decide whether you need an ex parte preservation order now.
Jurisdiction check: confirm the proper forum and whether arbitration clauses force a different route.
Proof pack: assemble core documents (contracts, correspondence, invoices, financial records) and translations/legalization where needed.
Budget & timeline: set realistic expectations for trial and enforcement and allocate funds for expert reports and preservation.
Communications plan: limit public statements, prepare a stakeholder brief, and centralize counsel contacts.

Final practical note

Litigation in Thailand rewards preparation: early preservation, a clear documentary narrative, and a contemporaneous enforcement plan are the levers that convert legal wins into practical recovery.