Let’s get to know the legal system of Thailand

Thailand is a civil law country. Most laws are codified and, unlike common law jurisdictions, the Thai courts are not bound by previous decisions. Stare decisis or compliance with former decisions of the Supreme Court is not mandatory, but in practice, Supreme Court decisions generally have a persuasive effect in the adjudication of disputes.

There is no jury system in Thailand. Cases are decided on the merits of the arguments and evidence submitted by the parties. Alternative dispute resolution is encouraged and settlements reached between the parties are respected by the court. Discovery (aka disclosure) procedures are still an unfamiliar concept in the system and are often difficult to enforce. Actual damages are awarded, but punitive or exemplary damages are rarely awarded. This is often a significant issue in personal injury claims, where compensation is also usually sought for ‘pain and suffering.’ Thai courts are unlikely to award damages in this category.

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