Thai Litigation & Dispute Resolution

How a Thai civil case is actually structured

Thai civil procedure under the Civil Procedure Code is document-led and judge-managed. There is no jury, no broad discovery of the common-law type, and no general obligation on a party to hand over documents that harm its own case. What wins cases is the documentary record assembled before filing, translated correctly, and put in front of the court in an order the judge can follow.

The sequence is plaint, service, answer, settlement of issues, evidence hearings, judgment, then execution. Foreign parties consistently underestimate two stages. Service on a defendant abroad can take months and follows its own rules. Execution after judgment is a separate proceeding: winning a judgment does not produce money, and locating and seizing assets is a distinct piece of work with its own timeline.

Court fees in civil cases are calculated as a percentage of the claim value up to a statutory cap, so inflating a claim has an immediate cash cost. We model the fee, the realistic recovery and the enforcement prospects before filing, and we say so plainly when the economics do not support litigation.

Specialised courts you may end up in

What we do before filing anything

1. Merits and limitation review: We check the prescription period first. Under the Civil and Commercial Code many contractual claims run to ten years but numerous specific claims run to two or five, and a time-barred claim is a defence the court will apply.
2. Asset trace: We check the DBD registry, land records where accessible, and the counterparty's litigation history, because a judgment against a shell is worth its filing fee.
3. Evidence assembly and translation: Every foreign-language document tendered needs a Thai translation. We prepare certified translations and, where the document originates abroad, arrange notarisation and legalisation so admissibility is not contested.
4. Demand and settlement window: A properly drafted demand letter with a deadline both preserves the record and frequently resolves the matter. Courts also look favourably on a party that attempted resolution.
5. Interim relief where justified: Provisional attachment before judgment is available where the applicant shows a risk of dissipation. It is evidence-hungry but it is the difference between a paper win and a recovery.
6. Filing and case management: We file, manage service including service abroad where required, and prepare witnesses for the Thai practice of written statements followed by cross-examination.

Costs, timelines and honest expectations

A straightforward first-instance civil matter commonly runs from filing to judgment over a period measured in many months rather than weeks, and appeals to the Court of Appeal and Supreme Court each add substantially to that. Labour Court matters are usually faster; intellectual property matters before the specialised court often move more predictably because of continuous-hearing practice.

Costs awards in Thailand are modest. A successful party typically recovers court fees and a limited attorney-fee allowance set by the court, not its actual legal spend. This asymmetry is the single most important fact in deciding whether to litigate a mid-value commercial claim, and we put it in writing at the outset rather than at the end.

Common mistakes and how we avoid them

More questions we are asked

Can a foreigner sue in a Thai court?

Yes. Foreign individuals and companies have standing. Proceedings are conducted in Thai, and foreign-language documents must be filed with Thai translations.

Do I have to attend hearings in person?

A party can usually be represented by counsel, but a witness giving evidence must attend, and the court may require a party's presence at mediation.

How long do I have to bring a claim?

It depends on the cause of action. Prescription periods under the Civil and Commercial Code vary widely, and some specific claims are much shorter than the general contractual period.

Is mediation compulsory?

Courts actively promote mediation and many cases pass through a court-annexed mediation stage before evidence hearings.

Can I enforce a foreign judgment in Thailand?

Thailand does not have a general regime for recognising foreign court judgments, so a fresh action on the underlying obligation is often required. Foreign arbitral awards are treated differently under the New York Convention.