Litigation in Thailand: What It Covers

Litigation in Thailand

Thailand’s civil law plays a large part in how disputes are resolved and agreements are drafted. Thai courts usually do not have to uphold a previous court decision. This practice is not required. However, Supreme Court decisions, nevertheless, can largely influence the outcome of disputes.

Thailand also does not feature a jury system. The court decides cases based on the evidentiary material and the arguments presented to the court. Dispute resolution is supported and any settlements that can be reached by the parties are favored judicially.

Disclosure in Thailand

Disclosure or discovery in Thailand usually is not enforced a great deal, as it is not a concept that is favored when deciding a case. While actual damages are frequently rewarded to parties, exemplary or punitive damage is not awarded often, if at all. This can be a challenge in a personal injury claim when compensation is requested for pain and suffering. Usually, litigation in Thailand does not extend to rewarding compensation for this category.

Mediation is Favored in the Courts in Thailand

The Thai courts prefer that each legal party resolve a dispute before it is addressed in a courtroom. This attitude is often represented through mediation. Mediation allows parties to resolve issues amicably or without incident.

If mediation or conflict resolution does not work, the court steps into the litigation process. At this point, you need to make sure your attorney has the experience and skills needed to represent your interests. In Thailand, all legal proceedings must be presented in a Thai courtroom. Only a Thai lawyer can perform this service.

When you contact a Thai legal firm, make sure the lawyers are fully experienced and skilled in handling a number of dispute issues and have presented cases in the lower courts, the Court of Appeal, and the Supreme Court. The lawyers should be bi-lingual (Thai-English), so your case can be easily decided.

Areas of Litigation

Legal professionals that handle litigation in Thailand may specialize in one of several practice areas. Litigation can cover the following areas:

  • Criminal Law
  • Civil Law
  • Family Law
  • Personal Injury
  • Labor Disputes
  • Extradition
  • Intellectual Property Disputes
  • Trade Disputes

Thai Criminal Law

When you need a defense attorney, you should turn to a criminal law specialist who can handle your specific charge. This area of the law covers fraud, theft, serious assaults, drug charges, criminal negligence, and money laundering schemes.
If you have been arrested for any of the above crimes, you need to contact a criminal lawyer right away. He or she can spell out your rights in Thailand and help with your defense strategy.

Thai Civil Law

This type of law covers any breaches of contracts that cause an agreement to become void or leads to a property dispute. For example, a property dispute may involve a quarrel over real estate boundaries. Civil law also covers debt collection practices or harassment by creditors. A civil law lawyer has in-depth experience in one of the aforementioned areas.

Thai Family Law

Family law is an area of the law that covers divorce proceedings, adoption, child custody, child visitation rights, and child repudiation. You need to learn how these legal processes are followed to comply with the law in Thailand. By getting advice from a family lawyer, you can resolve your differences amicably and legally. Whether you are seeking a divorce or wish to learn more about adoption in Thailand, you can receive the legal support required in these areas.

Personal Injury

In Thailand, most personal injury cases involve medical malpractice or unlawful acts, known as torts. Wherever a person has been personally injured and the injury resulted from negligence, a personal injury lawyer can help. To prove negligence, you need to show that the other person did not act in a way that was reasonable and that it resulted in an injury to you or a loved one. If you can show that negligence did occur, you can file suit and, in most, cases, receive a financial settlement.

Labor Disputes in Thailand

Normally, mediation is used to resolve labor disputes in Thailand. Conflict resolution helps employees and employers negotiate individual differences.

Extradition Request

The legal system in Thailand permits extradition under certain circumstances. To go ahead with extradition, a Thai court will first assess the issue and facts to determine if a person may be extradited under the law in Thailand. When this assessment is made, the court considers the following:

  • Whether or not the person is from Thailand.
  • Whether the case would have a reasonable basis for consideration if the same case were tried in the Thai legal system.
  • Whether the offense was military or political.

Lawyers also consider the following criteria:

  • The extradition should not contradict Thai law.
  • The offense should not be solely political or exclusively military-based.
  • The person who wishes to seek extradition was not found innocent, was already punished for the offense or is ineligible to appear in court for the offense.

If Thailand and the other country have signed an extradition treaty, Thailand will comply. However, if a treaty has not been signed, the country requesting extradition must show a commitment of reciprocity.

Thailand Intellectual Property Disputes

Sometimes people feel that their creative material has been plagiarized or used without permission. If the injured party can show that his or her intellectual property was used without their authorization, they need to seek help from a reliable legal counsel.

Trade Disputes in Thailand

Trade disagreements can occur between companies from time to time. This area of the law can become quite complex. You need to rely on an experienced attorney that understands both logistics and how trade issues can be successfully settled under the Thai legal system.

If you need legal advice or assistance from a qualified lawyer or you need a lawyer to represent you in Thai court hearing, please contact us today.