Litigation in Thailand blends familiar civil-law procedure with local practice quirks: document-driven proof, relatively active case-management by judges, a real appetite for interim relief, and meaningful interaction with arbitration and administrative remedies. Below is a practical, lawyer-grade walkthrough of the Thai litigation life cycle — from pre-action planning through enforcement — with tactical tips you can use the moment a dispute arises.
Courts and the litigation map
Thailand’s ordinary courts follow a three-tier structure: courts of first instance, courts of appeal, and the Supreme Court. Specialist courts (commercial, intellectual property, bankruptcy, juvenile/family) handle specific subject matter in larger jurisdictions. For commercial disputes you usually start at a civil/commerce court at first instance and — if necessary — move up by appeal after final judgment. For urgent interim relief (freezing orders, injunctions) the first-instance civil court is the practical entry point.
Pre-action planning — don’t file blind
Before you sue, do four things: (1) preserve evidence (original documents, emails, server backups); (2) obtain quick technical reports (surveyors, engineers, accountants) to support urgency applications; (3) check limitation periods and any contractual dispute notice/ADR steps; and (4) map enforcement targets (Thai assets or foreign assets you can domesticate). Thai courts expect parties to narrow issues; a clear pre-action paper file speeds hearings and helps secure interim measures.
Limitation periods — key deadlines
Prescription (statute-of-limitations) can be fatal in Thailand. There are multiple periods: one year for some tort claims, five years for other specified claims, and a default ten-year prescription where no special period applies. Always confirm which period applies to your claim and whether any acknowledgement or partial payment has tolled the clock. Missing a limitation date can permanently bar relief.
Commencing proceedings and service
Filing requires a written plaint (statement of claim) and supporting exhibits. Courts attach importance to originals where available. Thai procedure allows in-jurisdiction service and, for foreign defendants, service by diplomatic channels or internationally (Hague Service Convention mechanisms apply where both states are signatories). If the defendant is evasive, courts will consider alternative service methods, but plan for extra time.
Interim relief — fast, pragmatic, and essential
Thai courts are pragmatic about interim remedies: conservatory measures (injunctions, asset freezes, orders to register caveats at the Land Department, attachment of bank accounts) are routinely available where there is a real risk of dissipation and strong prima facie evidence. For disputes that may go to arbitration, Thai courts will still issue emergency relief before an arbitral tribunal is constituted. Good interim relief strategy often wins the commercial war while the legal battle proceeds.
Evidence and disclosure — documentary primacy
Thai litigation is documentary: title deeds, Land Department extracts, audited accounts, bank records and authenticated contracts are the core of a winning case. Witness testimony and oral evidence matter, but judges give heavy weight to contemporaneous documents. There is no broad Anglo-style discovery; instead, the Civil Procedure Code permits targeted judicial orders for production where the documents are necessary and proportionate. Prepare certified translations where evidence is in a foreign language.
Experts, witnesses and forensic work
Courts accept expert reports from licensed professionals (surveyors, engineers, medical experts, accountants). Because judges sometimes appoint their own technical assessors, counsel should submit clear, well-supported expert evidence and be prepared for cross-examination. Forensic accounting, digital-evidence preservation and chain-of-custody rigor pay off in corporate and fraud cases.
Trial practice, judgment and remedies
Trials are relatively concentrated: the issues to be tried are defined at pretrial and hearings run through the agreed lists of witnesses and exhibits. Remedies include damages, specific performance, rescission, declaratory relief, and injunctions. The first-instance judgment is reasoned and can be appealed on facts and law; appeals typically reconsider evidence and interpretation, while the Supreme Court focuses on legal principle. Typical first-instance commercial cases commonly take 12–18 months to judgment, with appeals often adding 18–36 months to finality depending on complexity.
Appeals and finality
Thai appeals are structured: you appeal a first-instance judgment to the Court of Appeal and then, on limited grounds, to the Supreme Court. The Supreme Court tends to address points of law of wide significance rather than re-weigh routine factual determinations. Plan for staged costs and consider whether a settlement at the appeal stage is commercially preferable.
Enforcement — execution and practicalities
A final Thai judgment is enforceable through execution proceedings (attachment of bank accounts, property auction, garnishee orders). Enforcement against movable and immovable property requires registration steps (for real property, Land Department procedures). Foreign judgments are not automatically enforced; they generally require a fresh Thai action to domesticate or use treaty mechanisms where applicable. For arbitral awards, Thailand is a New York Convention signatory and enforces awards subject to limited defenses.
Costs, security for costs and funding
Thai courts can order security for costs in appropriate cases, and the loser-pays principle means the unsuccessful party usually bears court costs and may face adverse attorney-fee awards only to the extent the court orders (Thai practice traditionally awards only modest court costs; parties often separately contract fee recovery terms in commercial agreements). Third-party litigation funding and contingency-fee arrangements are heavily restricted; structure funding carefully and get local counsel’s advice on permitted funding mechanisms.
ADR and arbitration — the complementary path
Thailand is arbitration-friendly: the Arbitration Act and New York Convention framework make arbitration attractive for international commercial disputes. But arbitration does not preclude court assistance for interim measures or for enforcement of awards. Consider arbitration for complex commercial deals where confidentiality, specialist tribunals and international enforcement are priorities.
Practical litigation checklist (what to do first)
-
Immediately preserve originals and create a documented chain of custody.
-
Get urgent expert reports if you need interim relief (surveyor, accountant, medical).
-
Check limitation periods and contractual notice/ADR clauses.
-
Seek provisional injunctions early if asset dissipation or evidence destruction is likely.
-
Assemble a concise claim bundle: pleadings, timeline, core documents and relief sought.
-
Budget for a multi-stage process: first instance → appeal → execution (12–36+ months in many commercial cases).
