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Litigation and dispute resolution

Thai courts decide cases on documents. Whether you win is largely settled before the first hearing, by what you can prove existed at the time.

Foreign claimants often arrive with a strong commercial story and a weak evidential file: agreements concluded by chat message, payments made from a personal account, deliveries confirmed verbally. Thai civil procedure gives limited weight to what everyone remembers and considerable weight to signed documents, official records and bank trails. The first task in almost every dispute we take is turning the story into evidence a court can act on.

Litigation and dispute resolution handled by our Thai lawyers and accountants in Bangkok

Short answer

Thai civil cases begin with a complaint filed at the court with jurisdiction, and court fees are two per cent of the claimed amount capped by statute. A first-instance judgment typically takes eight to eighteen months, with mediation offered throughout. Limitation periods are strict — commonly two years for service claims and ten years for contractual debt — and expiry cannot be repaired by negotiation.

Before filing: limitation, jurisdiction and the evidence audit

We start every instruction by fixing the limitation date, because it governs everything else. Thai limitation periods vary by the nature of the claim rather than by the size of the loss, and the period runs from when the right to sue arose, not from when the relationship broke down. Where the date is close we file to stop the clock and negotiate afterwards, rather than negotiating into expiry.

Jurisdiction follows the defendant's domicile or the place of performance, with specialised courts for labour, tax, intellectual property and international trade, bankruptcy and administrative matters. Filing in the wrong forum costs months. A contractual choice of a foreign court or of arbitration also has to be assessed early, because it may take the dispute out of the Thai civil courts entirely.

The evidence audit is where most cases are actually won. Contracts, purchase orders, delivery notes, tax invoices, withholding tax certificates, bank transfer slips and the company's own accounting records carry real weight. Foreign-language documents require certified Thai translation to be received. Correspondence conducted only through messaging applications can be admitted, but its weight depends on authentication, so we secure originals and device evidence early rather than screenshots.

Documents and filings prepared for litigation and dispute resolution in Thailand
Every file is assembled and checked before anything reaches a Thai authority.

How the case actually proceeds, and why mediation is not a weakness

After the complaint is filed and served, the defendant answers and the court holds a settlement and issue-framing hearing. Thai courts actively encourage mediation at this stage and at almost every stage afterwards, and a mediated settlement recorded by the court is enforceable in the same way as a judgment. For a foreign business weighing eighteen months of proceedings against a recoverable sum, that route often produces more money sooner, and we advise on it honestly rather than treating settlement as a failure.

If the case continues, witness hearings are scheduled in blocks. Testimony is given in Thai through a sworn interpreter where necessary, and witness statements are prepared and filed in advance. Judgment normally follows a few weeks after the final hearing. Where a party has assets that may disappear, we consider provisional attachment before judgment — a powerful remedy that requires strong evidence of dissipation risk and usually a security deposit.

Appeals lie to the Court of Appeal and, on limited grounds, to the Supreme Court. Appeal is realistic where the first-instance court misapplied the law or ignored evidence on the record; it is a poor investment where the loss came from an evidential gap, because the appellate courts work from the same file.

Enforcement: the part that decides whether winning was worth it

A judgment is a right to execute, not a payment. Enforcement runs through the Legal Execution Department: identifying assets, seizing and auctioning property, garnishing bank accounts and receivables, and where the debtor is a company, considering bankruptcy or business rehabilitation proceedings. We therefore ask about the counterparty's assets at the outset, not after judgment, because a claim against an empty company is an expensive way to be proved right.

Foreign judgments are not directly enforceable in Thailand. A judgment obtained abroad generally has to be re-litigated here, with the foreign decision serving as evidence rather than as an order. Arbitral awards, by contrast, are recognised and enforced under the New York Convention, which is a strong argument for a properly drafted arbitration clause in cross-border contracts — something we raise when we review agreements, long before any dispute exists.

Because our office also holds accounting files, asset tracing frequently starts with public financial statements, VAT registration history and shareholding records that we read routinely. That combination has recovered money for clients who had been told the debtor was judgment-proof.

How the work runs, step by step

  1. Step 1

    Case assessment

    Limitation date, forum, the merits on the documents that exist today, the counterparty's asset position, and an honest view of recoverable value against cost.

  2. Step 2

    Demand and pre-action strategy

    A formal demand letter that preserves rights and creates evidence, plus interim measures where there is a genuine risk assets will be moved.

  3. Step 3

    Filing and service

    Complaint, court fee computation, certified translations of foreign documents, powers of attorney, and service on the defendant.

  4. Step 4

    Mediation and hearings

    Court-led mediation, issue framing, witness statements, expert evidence where valuation or accounting is in dispute, then the hearing blocks.

  5. Step 5

    Judgment, appeal and execution

    Advice on appeal prospects, then execution through asset seizure, auction or garnishment, with bankruptcy proceedings where they add leverage.

What you send us

  • Every version of the contract or purchase order, including drafts and signed amendments.
  • Invoices, receipts, tax invoices, withholding tax certificates and delivery evidence.
  • Bank statements or transfer slips showing what was paid, when, and by whom.
  • Complete correspondence in original form, including email headers and message exports.
  • Corporate documents for both sides, and any power of attorney relied on by the signatory.
  • Anything you know about the counterparty's assets: property, vehicles, bank relationships, receivables.

Where things usually go wrong

Negotiating past the limitation date

Thai limitation is not extended by settlement talks. Once the period expires the claim is defensible on that ground alone, whatever the merits.

An agreement that exists only in chat messages

Messages can be admitted but must be authenticated. Preserve devices and original exports, and confirm key terms in a signed document while the relationship is still functioning.

Suing a company with no assets

Judgment against an empty shell converts a commercial loss into a larger one. Trace assets before filing and consider whether directors or guarantors are reachable.

Relying on a foreign judgment

It will not be enforced directly in Thailand. Where the counterparty's assets are here, litigate or arbitrate with that in mind from the drafting stage.

Government fees and professional fees, separated

The ranges below reflect what our own files cost so you can budget before committing. An itemised quote is issued before work begins.

ItemOfficial feeOur feeNote
Court fee on filing2 per cent of the claim, subject to the statutory capNot applicablePaid to the court and recoverable from the losing party at the court's discretion.
Case assessment and demand letterNo government charge15,000–40,000 bahtOften resolves smaller commercial disputes without proceedings.
First-instance representationService and translation disbursementsQuoted per case, fixed stage fees availableCertified translation of foreign documents is a real and often underestimated cost.
Execution against assetsExecution fees and auction costs set by the Legal Execution DepartmentQuoted by asset typeAsset tracing is worth doing before judgment, not after.

Questions foreign clients actually ask us

How long does a civil case take in Thailand?
Eight to eighteen months to first-instance judgment is the normal range, driven mainly by how many witnesses each side calls and how quickly hearing blocks can be scheduled. Appeals add roughly a year each. Court-supervised mediation can conclude a matter in weeks when both sides genuinely want a resolution.
Do I have to attend court in person?
A properly executed power of attorney allows Thai counsel to conduct the case. Your attendance is normally needed only where you are a witness on contested facts, and in that situation we prepare the statement in advance and arrange sworn interpretation for the hearing.
Can I recover my legal fees if I win?
Court fees and a modest statutory allowance for lawyer's fees may be awarded to the successful party, but Thai courts do not order full indemnity costs as some common law jurisdictions do. Budget on the basis that most of your own professional fees will not be recovered.
Is arbitration better than court for a cross-border contract?
Often yes, for two practical reasons: an arbitral award is enforceable in the many countries party to the New York Convention, whereas a Thai judgment is not, and proceedings can be conducted in English. The trade-off is cost, since the parties fund the tribunal themselves.

Send us the contract, the payment record and the correspondence, and tell us what you know about the other side's assets. Within a few days we will give you a written view of the limitation position, the forum, the realistic recovery and what a settlement is worth against a judgment.

Contact our office
contact@tla.co.thจ.–ส. 9–18น.15 นาที