Bangkok | Hanoi | Ho Chi Minh City

Presented by
Michael Ramirez
May 15, 2013
At Tilleke & Gibbins International Ltd.
Dispute Resolution
An Overview of Litigation
in Thailand
2
Overview of Thailands Legal System
Civil Law System

Code based system
No strict binding precedent
Case by case review
Generally more individualized court
interpretation


3
Thai Constitution Recognizes Four
Courts

Constitutional Court
Administrative Court
Military Court
Courts of Justice



4
Civil Courts
General Courts
Juvenile and Family
Court
Specialized Courts

The Thai Courts of Justice
5
Criminal
Courts



The Thai Courts of Justice
General Civil
Courts
District Courts
(Kwaeng)
Provincial Courts
unlimited jurisdiction


6
Juvenile and Family
Court
Divorce, support and
matters involving minors
(custody, etc.)

Intellectual Property
and International
Trade Court (IP&IT
Court)
Specialized judges
Limited Jurisdiction
Single level of appeal
Straight to Supreme
Court



7
Specialized Civil Courts
Central Bankruptcy
Court
For liquidations and/or
reorganizations
Claims for bankruptcy
can be initiated by
interested third-party
creditors
The Thai Courts of Justice
Tax Court
Taxation broadly
defined
Appeals to decisions of
tax authorities and
govt officials



8
Specialized Civil Courts
Labour Court
Employee and
Employer claims
Claims of employees
not subject to filing fees.
Standard filing fees
apply for claims of
employers
The Thai Courts of Justice
Criminal Courts
Often used in conjunction with civil claims
Defamation, misappropriation, fraud, failure to pay
employee wages, submission of false documents,
customs violations, and aggravated negligence claims.




9
Caution: A claimant may find
themselves subject to
criminal claims for filing false
charges.

The Thai Courts of Justice
Appeals
10
Appeals
Court of Appeals
Guaranteed right of appeal
Average of at least one year for appellate ruling
Supreme Court (Dika)
Guaranteed right of appeal
Lengthy process typically 18-24 months
Pleadings/Practice
General Rule no new evidence, paper pleadings only








11
Court Administrative Fees
Filing Fees
2.0 % of claim amount up to a maximum of Baht 200,000
for claims not more than Baht 50 Million. 0.1% additional
on claim amount above Baht 50 Million
Applies to Civil Courts, IP&IT Court, and in some cases,
other courts such as the Labor and Family Courts
Appeals: For each stage of appeal, additional filing costs
Courts typically order losing party to compensate filing
party for filing fees


12
Court Administrative Fees
Security
Foreign claimants may be required to post additional
security
Party subject to judgment usually required to post
security during appeal (stay of execution)


13
Civil Trials
Complaint
No pleading with particularity, but must provide enough
detail to identify primary issues.
Service of Process by Officer of the Court
Personal delivery, mailing, posting
Diplomatic Channels lengthy process
Answer
Due within 15/30 days. More, if service through
diplomatic channels



14
Civil Trials
Preliminary Hearing
Set legal issues in dispute, schedule
mediation and Trial dates
Mediation
Trial
Approximately 4-6 months later. Move towards
consecutive hearings
Judgment typically one month after trial hearings




15
Civil Trials Case Studies
16
Criminal Claims
17
Two ways to initiate proceedings
File complaint directly with police
File criminal complaint directly with the court


Criminal Claims
Police Inquiry Stage
Complaint filed
Police examine witnesses and collect evidence
Issue recommendation to Public Prosecutor

Public Prosecutor
Issues prosecution/non-prosecution order or asks
police to conduct further investigation


18
Criminal Claims
Court review of complaint
Conducts preliminary hearings to determine whether
claimant can make prima facie case.
One-sided testimony akin to a Grand Jury proceeding

Trial
If Court or Public Prosecutor order trial, then full trial will
proceed



19
Criminal Claims Case Studies
20
Civil and Criminal Claims
Special Concerns
Powers of Attorney
Are required to initiate proceedings
Domestic clients
Foreign clients notarized and authenticated, with
supporting proof of authority
Special authentication concerns common procedural
defense


21
Choice of Law/Forum Section
Clauses
Choice of Law provisions are generally valid
Unless contrary to Thai statutes or public policy
Thai courts will not typically release jurisdiction in matters
involving Thai parties, regardless of presence of forum
selection clause (exception arbitration)

22
Special Litigation Concerns
No formal pretrial discovery in Thailand
Parties are on their own
May seek Court assistance if they can specifically
identify documents and justify need
Judges may participate in questioning of
witnesses
No jury trials




23
Special Litigation Concerns
No declaratory relief (summary motions)
Default judgments
Preference for decisions on the merits
Orders of default not fatal
If unjustified failure to appear or answer, court will not
allow defaulting party to present witnesses, but will
allow them to cross-examine witnesses of non-
defaulting party



24

No pain and suffering or punitive damage
awards available Exception for Product
Liability claims

Special Litigation Concerns
25

Awards of
actual
cost only

Attorney
Fees


Yes, but awards tend to be lower than in
some other jurisdictions Rarely exceed
Baht 100k

Special Litigation Concerns
Emergency Order & Temporary Injunctions
Yes, but claims must be well grounded with sufficient
extenuating circumstances to uphold order
Prescription periods
Recognition of Foreign Damage Awards
Foreign judgments not enforceable in Thailand.
Actions must be brought de novo







26
Arbitration in Thailand
Thailand is a Member of the New York
Convention
Foreign arbitration awards are enforceable in
Thailand
Thailands Arbitration Act of 2002
Provides for a mechanism for enforcement of
arbitration awards (both foreign and domestic)
Must initiate court action to enforce the award
Arbitration awards based on default are
enforceable
Three-year prescription period for enforcement
Appeals are allowed as of right to court awards of
enforcement







27
Arbitration in Thailand
Thai court looks only to the appropriateness of
the arbitration in deciding whether to enforce
Primarily a due process review
There is no reexamination of the merits of the
case
Refusal to Recognize Arbitral Award
Annulled in country in which it was rendered
Insufficient notice
Legal incapacity
Award outside the scope of arbitration agreement







28
Arbitration in Thailand



29
Arbitration Institutes


Thai Arbitration
Institute (Office
of the Judiciary)
Thai
Commercial
Arbitration
Institute
(Board of
Trade)
Ad Hoc
arbitration
also available
Foreign - ICC,
Singapore
International
Arbitration Centre,
Hong Kong
International
Arbitration Centre
Arbitration in Thailand
30
Arbitration enforcement in
Thailand is predictable and
fair, with most reasonable
awards (domestic and foreign)
ultimately enforced.



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For more information, please visit:
www.tilleke.com

Michael Ramirez
Bangkok | +66 2653 5555
michael.r@tilleke.com
http://www.facebook.com/tillekegibbins
http://twitter.com/tillekegibbins