Litigation Procedure that you should know one being involved in the lawsuit.

The petitioning party is responsible for requesting the court to issue the summons against the respondent. A reasonable amount of time is applied for the service. If the defendant is not domiciled in Thailand, the service of summons must be affected through diplomatic channels. Foreign judgments are not enforceable in Thailand. Like in most countries, the burden of proof in cases like criminal cases must be proof beyond a reasonable doubt. By the way, civil disputes like the breach of contract require more preponderance of evidence (called ‘the balance of probabilities’).

It becomes critical to have an experienced Thai lawyer in your corner.

Also, a litigation procedure in Thai courts is only conducted in the Thai language, and qualified Thai lawyers are permitted to conduct litigation in Thai courts.

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Thai culture generally has a strong bias towards the amicable resolution of disputes. Thai courts prefer parties to act conciliatory and make good faith efforts to resolve any dispute before court intervention. This is reflected in the common practice of mediation: courts of first instance will generally order the parties to attempt to resolve any dispute between themselves before hearing any substantive issues.

Thai persons and juristic persons, as well as those domiciled in Thailand, can bring suits against any defendant, following the Thai court asserts jurisdiction.

Non-Thai nationality persons and juristic persons, as well as non-domiciled in Thailand, can also sue defendants who are legally domiciled in Thailand.

Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit. A lawyer in Thailand may file suit on the foreigner’s behalf, and the foreign litigant may reserve personal appearance only when required by the court to give testimony against the contending party. Jurisdiction is determined by law alone. The venue may be waived or subject to the parties’ agreement.

If you have litigation-related questions, please feel free to contact us.

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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.

If you have questions related to The Legal System of Thailand, please feel free to contact us.

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