Key takeaways
- Thailand has various courts which deal with civil litigation matters.
- Unless agreed by both parties, civil litigation proceedings will take place in Thai.
- There are various costs associated with pursuing civil litigation proceedings.
Civil law in Thailand
As Thailand’s legal system was influenced by European civil law, the country has adopted a civil law-based system.
While litigation is a last resort to settling a dispute, the civil litigation industry in Thailand continues to grow.
It should be noted that the process of civil litigation is not used to press criminal responsibility, rather it seeks to arbitrate over a dispute or a series of disputes between two or more parties.
Levels of court
There are three tiers of civil courts in Thailand, namely:
- Courts of First Instance
- Courts of Appeal
- The Supreme Court of Thailand
On top of the three tiers of civil courts, there exist various specialised courts which deal with numerous commercial and other matters. These include the Central Taxation Court, the Central Bankruptcy Court, the Central Intellectual Property and International Trade Court, and the Labour Courts.
While there are courts dotted in and around the various regions of Thailand, the main courts, including the Supreme Court of Thailand, are based in Bangkok.
Length of civil litigation proceedings
As expected, civil litigation proceedings in Thailand can last a substantial amount of time.
If the litigating parties do not settle by way of compromise, litigation can last anywhere between one and two years, starting with the issuing of the claims to a judgment in the Court of First Instance.
If the verdict from the Court of First Instance is appealed, it can take up to another two years for a verdict to be handed down by the Court of Appeal. Court of Appeal verdicts can then be challenged in the Supreme Court of Thailand.
Language of formalities
While other countries in the Asia Pacific region will use English as their choice of language for legal formalities, it is exceedingly rare for courts in Thailand to consider proceedings in any other language than Thai.
To ensure complicity with the rules of the courts, all documentation must be submitted in the Thai language. For the documentation in languages other than Thai, they must be either the original or certified copies. Further, some documents may also need to be notarised by a Thai notary.
Is civil litigation the right course of action?
The costs of pursuing civil litigation are undoubtably high, due to the fact that proceedings can continue for numerous years.
It should be considered if resolution between the two litigating parties could be sought via methods of alternative dispute resolution, including mediation or arbitration.
How can WSR International help you?
While considering pursuing civil litigation can be a daunting task, our litigation experts at WSR International are well versed in pursuing civil litigation claims in Thailand and further afield.
With business and legal experts located in both Bangkok และ Phuket, WSR International are perfectly situated to assist you.
If you would like to discuss the contents of this article in further detail, please do not hesitate to reach out to the team at WSR International.
𝗖𝗼𝗻𝘁𝗮𝗰𝘁 𝘂𝘀:
WSR International Co., Ltd.
Chartered Square Unit 16-05, 152 North Sathorn, Khwaeng Silom, Khet Bang Rak, Bangkok 10500 VAT Registration no: 0905565001881
Phone: +66 92 616 4423
Email: info@wsrlawgroup.com
