FAQs: Dispute Resolution/Litigation
Commencing an Action and
Jurisdiction of Courts
Q.
Who can bring a civil action in a Thai court?
A.
Subject to statutes of limitations, under Thai law, any natural person or
legal entity may bring a civil action in a Thai court if the subject matter of
the action is located in Thailand or the action arose on a Thai ship or airplane.
Otherwise, Thai nationals and those domiciled in Thailand can bring suits against
any defendant, while non-nationals and non-domiciled persons or entities can sue
defendants domiciled in Thailand. A party is domiciled in Thailand if physically
present in Thailand or if it has done business or has been represented in Thailand
in the 2 years preceding the filing of the lawsuit.
Q.
Who can bring criminal proceedings in a Thai court?
A.
Subject to statutes of limitations, criminal proceedings
may be brought by individuals or by the Public Prosecutor's office against persons
physically present in Thailand. If a Thai commits a crime outside Thailand, the
government of the country in which the alleged crime occurs can ask the Thai government
to initiate criminal proceedings against that person. Criminal proceedings can
also be brought against non-Thais who commit crimes against the Thai government
or Thai individuals outside Thailand. In both cases, the person to be charged
must be extradited to Thailand and brought before a Thai criminal court.
Q.
Is arbitration possible in Thailand?
A.
Yes, if the parties to a dispute agree to submit their
dispute to arbitration or if a contract specifically and clearly refers all disputes
arising under the contract to arbitration. Arbitration proceedings are commenced
by way of an application to the Office of Arbitration in the Ministry of Justice.
The parties may choose their own arbitrator and procedures.
Q.
Are foreign judgments and arbitration awards enforceable in Thailand?
A. Thai courts
will not enforce the judgments of foreign courts, but such judgments can be used
as evidence in a separate suit brought by the plaintiff in Thailand. Thai courts
will enforce foreign arbitration awards rendered in countries that are parties
to the New York Convention on Recognition and Enforcement of Foreign Arbitral
Awards, provided that they are not contrary to public policy.
Q.
To which court should a claim be submitted?
A.
Lawsuits must always be filed in courts of first instance. Courts of first
instance can be courts of general jurisdiction or courts of special jurisdiction.
Where a claim should be filed depends on the nature of the claim and the parties
involved. For example, international claims involving goods and services or intellectual
property matters should be submitted to the Central Intellectual Property and
International Trade Court (IP&IT Court). Domestic claims involving goods and services
should, in contrast, be submitted to civil courts of general jurisdiction. Examples
of courts of general jurisdiction are kwaeng courts, to which claims for
damages of Baht 200,000 or less must be submitted, and provincial courts in Thailand's
76 provinces. Examples of courts of special jurisdiction are the Labor Court,
the Tax Court, the Bankruptcy Court, the IP&IT Court, and the Juvenile and Family
courts.
Q.
How long does litigation in Thailand generally take?
A.
The length of time a case takes to proceed through
the courts depends on the nature and complexity of the case and in which court
it is heard. Judgment in the simplest cases may be rendered within a few months
of the complaint being filed. In contrast, litigation in a complex case can go
on for a few years, especially if the case is being heard in a court of general
jurisdiction. Proceedings in courts of special jurisdiction are expedited so cases
are usually resolved approximately in one year from the date of filing. In addition,
judgments of the IP&IT Court can be appealed directly to the Supreme Court, eliminating
the Appeals Court level and thus shortening the appeals process by another 8 to
12 months.
Q.
Is there a limitation period on bringing action in Thai courts?
A. Yes. Limitation
periods vary from a minimum of 6 months up to a maximum of 10 years, depending
on the type of claim.
(July 25, 2000)
The above is intended to
provide general information only. The contents do not constitute
legal advice and should not be relied upon as such. If legal advice
or other expert assistance is required, the services of competent
professionals should be sought.
For
further information, please contact Ms.
Tiziana Sucharitkul, Co-Managing Partner & Director of
Dispute Resolution Department (tiziana.s@tillekeandgibbins.com)
or Mr.
Thawat Damsa-ard, Partner & Chief
Litigator
(thawat.d@tillekeandgibbins.com).
