Litigation in Thailand can be complex, particularly for foreigners unfamiliar with the local legal system. Understanding court procedures, timelines, and available legal options can help you make informed decisions and protect your rights before taking action.
Thailand’s general courts (ordinary courts) have jurisdiction over both civil and criminal cases. These include:
Under Thai law, a civil lawsuit must generally be filed with the court where the cause of action arose or where the defendant resides. If the case involves immovable property, the lawsuit must be filed with the court where the property is located or where the defendant resides.
Criminal cases:Criminal cases fall under the jurisdiction of the court in the district where the offence was committed or is believed to have been committed, where the accused resides or was arrested, or where the investigation is conducted.
Municipal (Kwaeng) Courts:Municipal Courts are designed to resolve smaller cases quickly with minimal formality and cost. They handle both civil and criminal matters. Criminal cases under their jurisdiction involve offences punishable by a maximum of three years’ imprisonment, a fine not exceeding 60,000 Baht, or both. Civil claims must not exceed 300,000 Baht. Proceedings in these courts emphasize speed and simplicity, and judgments may be issued orally or in summarized form.
Yes. Depending on the legal situation, there are several alternatives to filing a lawsuit. Mediation and arbitration are among the most common forms of Alternative Dispute Resolution (ADR), which allow parties to resolve disputes without going to court.
Alternative Dispute Resolution (ADR) refers to any method of resolving disputes outside the courtroom. It typically includes negotiation, conciliation, mediation, arbitration, and early neutral evaluation.
Mediation, in particular, allows both parties to present their positions to a neutral third party who facilitates discussions and helps reach a mutually acceptable agreement—often saving time and legal costs compared to formal litigation.
Mediation is a form of dispute resolution facilitated by a neutral third party who assists the disputing parties in reaching a mutually acceptable solution. It allows both sides to openly discuss their issues, clarify misunderstandings, and identify areas of agreement. If the parties reach an amicable resolution, they may enter into a binding and enforceable settlement agreement.
Arbitration, on the other hand, is typically used when a dispute cannot be resolved through mediation. It is conducted outside of court, and the parties appoint an impartial third party known as an arbitrator. The parties usually agree in advance to be bound by the arbitrator’s decision. During arbitration, both sides may present evidence and testimony in a less formal setting than court proceedings. The arbitrator’s decision is generally final, and courts rarely re-examine it.
Every legal dispute is different, and the correct approach depends on the specific facts of your case. If you are facing a civil or criminal matter in Thailand—or wish to explore alternatives to litigation—seeking legal advice early is essential.Â
Contact our legal team today for a confidential consultation and let us help you navigate the litigation process with clarity and confidence.
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice under Thai law. Legal procedures, requirements, and outcomes in Thailand may vary depending on the specific facts of each case. Seek qualified legal counsel in Thailand for case-specific advice.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Specialization: Civil Thai Law and Litigation for more than 30 Years
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