While litigation in Thailand is a lengthy process, the judiciary has taken steps to enhance efficiency and ease of access to justice. These include implementing online platforms for filing claims, submitting pleadings and petitions.
Civil cases in Thailand begin with the plaintiff filing a complaint. Courts typically encourage parties to resolve disputes through mediation and then schedule proceedings for witness hearings before a trial begins.
Courts of First Instance
The courts of first instance in Thailand are divided into general and specialized courts. Appeals against judgments from the Court of First Instance are submitted to the Court of Appeal for Specialized Cases and the Supreme Court.
Civil cases generally start with a complaint filed by the plaintiff. Depending on the case type, court procedures may require parties to participate in mediation or other alternative dispute resolution methods before a trial is scheduled. Once a trial is scheduled, witness hearings are conducted and a judgment hearing date is set.
In Thailand, there is no jury system; the judge presiding over the case determines the guilt or innocence of the defendant and, in the event that the defendant is found guilty, determines the appropriate sentence. As such, the judge is expected to operate independently, ensuring that they adhere to the Constitution and laws while conducting a fair trial. Judges are also expected to avoid any conflict of interest or relationship with any party involved in a case, and judges may be challenged if they have a vested interest or a significant personal relationship that could compromise the fairness of proceedings.
Specialized courts include the Central Intellectual Property and International Trade Court, the Central Tax Court and the Central Bankruptcy Court in Bangkok, as well as regional labour courts in nine regions. These specialized courts were established under the Act Establishing the Criminal Court for Corruption and Misconduct Cases B.E. 2559 (2016), with the aim of dedicating specific courts to corruption and misconduct prosecutions, expanding corruption case prosecution to private companies and lower levels of government officials, and speeding up the adjudication of corruption cases.
Mediation
Unlike most Western jurisdictions, civil cases in Thailand are not automatically referred for mediation at the start of the litigation. However, the courts do encourage mediation if it is deemed appropriate and with consent of the parties. In particular, a high volume of financial disputes have been referred for mediation, and out of court mediation has gained momentum in recent years as the benefits of such an approach are increasingly recognised.
As a result, the Thai judiciary is working to improve its efficiency by supporting a mediation-friendly environment and creating regulations to promote out of court mediation. For instance, it is common for witness testimony to be conducted remotely via video conference. This helps support judicial efficiency and is particularly useful for international cases, including those involving witnesses in other countries.
The culture of the Thai courts and wider society also favours non-adversarial Thailand dispute resolution methods, as opposed to the more adversarial approaches commonly adopted in Western jurisdictions. This makes mediation an attractive option for companies and individuals looking to settle disputes in Thailand.
In addition, as the cost of litigation is often significantly higher than the damages ultimately awarded by a court, settling disputes via mediation can be an effective way to minimise costs. In order to facilitate such an approach, the courts offer a list of mediators that parties can choose from (including lawyers, former judges and entrepreneurs). Private mediation also continues to gain popularity in Thailand.
Trials
Disputes are a common and unavoidable part of business life. However, the legal system in Thailand is complex and can be difficult to navigate for foreigners and international businesses.
Court proceedings for civil cases typically begin with the filing of a complaint. Depending on the case, the courts may require parties to participate in mediation prior to trial. During the mediation, the parties attempt to resolve the dispute without a trial. If no resolution is found through mediation, a trial date will be set. Once the trial begins, the parties present evidence and witnesses to the judge. The judge will then make a final decision.
The Court of Justice has a three-tier system, including the Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, Min Buri Criminal Court, Phra Khanong Criminal Court, Taling Chan Criminal Court and kwaeng courts (where the prescribed punishment is under the threshold). The law does not specify the jurisdiction of a kwaeng court.
In addition to the local courts, there are a number of foreign-based and international arbitration courts in Thailand. However, Thai courts do not recognise foreign judgments or proceedings, unless they are adduced as evidence during the trial. The courts are also not required to grant a stay of a foreign judgment, unless the court considers it necessary for the protection of the public interest.
Judgments
Judgments in Thailand are based on the principle of stare decisis. This means that significant judgments of the Supreme Court become precedents for lower courts to follow in their legal interpretation and reasoning. The Thai judicial system is working to enhance its efficiency through the use of information technology. For example, it has implemented an online system for e-Hearings where witnesses are examined remotely via video.
Civil disputes between private parties are common in Thailand, particularly among foreigners who have purchased property in the country. They often arise due to language barriers, unlawful purchasing procedures or dishonesty on the part of real estate developers. The Consumer Protection Board of Thailand reports that these disputes are on the rise.
The law mandates that anyone who infringes upon another’s property, life or liberty must compensate the injured party for the damage. The court must take into consideration the ability to pay in determining damages.
Appellate courts comprise the Court of Appeal and the Court of Appeal for Specialized Cases located in Bangkok, as well as regional courts of appeal situated in nine regions across the country. The latter is responsible for the hearing of appeals against judgments and orders rendered by courts of first instance. Appeals are based on the grounds that there are reasonable reasons for reversing the decision of the first court.