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| In need of litigation in Thailand? |
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When a person comes to court to enforce a right or to redress a wrong, the process is called litigation. Litigation in Thailand, just like any litigation in other jurisdictions, has its fruitful as well as its painful consequences. It may either put a definitive end to your problem or prolong it and even make it worse. It can be time-consuming, expensive and altogether draining. In Thailand, litigation can be more complicated due to language and cultural barriers.
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| Commencement of Civil Action in Thailand |
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In the Kingdom of Thailand, a civil action may be filed by any natural person or legal entity in a Thai court if the subject matter of the action is located in Thailand or in any of the extensions of its territory, i.e. Thai ship or airplane. Thai nationals and those domiciled in Thailand may also bring suits against any defendant, while non-nationals and non-domiciled persons or entities can sue defendants domiciled in Thailand. “Domicile” refers to physical presence in the country. It may also mean having done business or having been represented in Thailand in the two years prior to the filing of the lawsuit.
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| Commencement of Criminal Action in Thailand |
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Criminal proceedings in Thailand, on the other hand, may be brought by individuals or by the Public Prosecutor's office against persons physically present in Thailand. If a Thai national 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. Non-Thais who commit crimes against the Thai government or Thai individuals outside Thailand may also be prosecuted under Thai laws. For this however, a request for extradition has to be made before the case may be brought to a Thai court.
Prior to the filing of a criminal case, an investigation has to be made by the police. When the probability that a crime has been committed is properly established by evidence, a case is filed accordingly. The right to bail is recognized and may be requested. The conditions of bail and the amount may vary, depending on the circumstances, probability of guilt and nationality (whether Thai or non-Thai).
Depending on the nature and complexity of the case, court hearings in Thailand may last for several months or even years in case of complex cases. Complex cases are usually heard in courts of general jurisdiction. Special proceedings may be resolved in a year’s time after filing. Appeals made directly to the Supreme Court (for cases adjudged by the IP and IT Court) usually take a shorter period of time than the regular appeals. Finally, depending on the type of claim, limitation periods may vary from six months to ten years.
| Alernative Dispute resolutions and Recognition of Foreign Judgements in Thailand |
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Alternative dispute resolutions may also be availed of in Thailand to remedy the limitations and inadequacies of the usually prolonged litigation process. These may include arbitration, conciliation and/or mediation. Generally though, foreign judgments are not enforceable in Thailand unless the arbitration award was rendered by a country which is a party to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards and provided of course that the award sought to be enforced is not contrary to public policy. At the very least, these unenforceable judgments may be used as evidence should a separate suit be filed.
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